In order to regulate and restrict the location of agriculture, trades, industries, public and semipublic uses, residences and the location of buildings erected or altered for specific uses, the incorporated area of the city is hereby divided into districts or zones as shown on the zoning atlas entitled "Zoning Atlas for St. Augustine, Florida," and such atlas is hereby declared to be a part of this chapter. Districts as delineated on the zoning atlas are as follows with titles and abbreviations as indicated:

(Ord. No. 1964, § 33-8; Ord. No. 03-17, § 9, 6-23-03; Ord. No. 22-15, § 2, 9-26-22)

(a)

Where the phrases "all residential districts," "residential districts," "zoned residentially" are used in this chapter, the phrases shall be construed to include RS-1, RS-2, RL-1, RG-1, RG-2, RGO and RGO-A districts, and no others.

(b)

Where the phrase "commercial districts" is used in this chapter, the phrase shall be construed to include the CL-1, CL-2, CM-1, CM-2 and MOD districts and no others.

(c)

Where the phrase "industrial districts" is used in this chapter, the phrase shall be construed to include the IW district, and no others.

(d)

Where the phrase "open use districts" appears in this chapter, the phrase shall be construed to include the OL open lands district and no others.

(Code 1964, § 33-9; Ord. No. 03-17, § 9, 6-23-03; Ord. No. 22-15, § 2, 9-26-22)

Where uncertainty exists as to the boundaries of districts as shown on the zoning atlas, the following rules shall apply:

(1)

Boundaries indicated as approximately following centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines. In the event of a change in shorelines, the boundaries shall be construed as moving with the change except where such moving would change the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the zoning atlas shall be determined by the scale of the map.

(7)

Where physical or cultural features existing on the ground are not in agreement with those shown on the zoning atlas, or in other circumstances not covered by subsections (1) through (6) above, the zoning board shall interpret the district boundaries.

(8)

Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter April 28, 1975, the zoning board may permit, as a special exception, the extension of the regulations for either portion of the lot, not to exceed seventy-five (75) feet beyond the district line into the remaining portion of the lot.

(Code 1964, § 33-10)

In determining the maximum allowable dwelling units per acre on a parcel of land, the gross density per acre established by the applicable zoning district may be credited only for that portion of the parcel determined to be "developable land" as defined in section 28-2. See section 28-119, Nonconforming lots of record.

(Ord. No. 99-42, § 3, 1-10-00)

(a)

Definitions:

Bedroom. A bedroom shall have the same meaning as the term sleeping unit found in the Florida Building Code.

Rental unit. A rental unit is the smallest portion of a vacation rental offered to the public as an individual unit available to rent.

Short term rental. A short-term rental is synonymous to a vacation rental.

Vacation rental. A vacation rental shall have that same meaning as defined in F.S. § 509.242.

(b)

Supplemental intent of these regulations: The regulation of vacation rentals is intended to be supplemental to any other regulations, including but not limited to, zoning district regulations.

(Ord. No. 19-50, § 1, 1-27-20)

Every vacation rental shall register with the city on forms provided for this purpose and shall pay the required administrative fee, as set by resolution, at the time of registration and thereafter annually. The information provided on each listing of a vacation rental must accurately reflect the information submitted on the registration form. All information provided in the required registration application will be verified on site prior to approval of registration. Listings that inaccurately reflect information on the registration form information will be considered a separate violation of this Code. The registration will include the following:

(1)

Address of the vacation rental.

(2)

Name, address, and contact information of the property owner.

(3)

Name, address, and contact information of the property manager if different than the property owner.

(4)

Number of rental units offered to the public for rent at this location.

(5)

Number of bedrooms.

(6)

Floor plan identifying the location of bedrooms, emergency exits or egress, and number and location of fire extinguishers, carbon monoxide and smoke detectors.

(7)

Site plan or other document depicting approved parking spaces provided.

(8)

Property owner authorization providing for inspection pursuant to section 28-147 of this Code.

(9)

The zoning designation of the vacation rental to determine whether the vacation rental is monthly, weekly, or requires a submerged land lease.

(Ord. No. 19-50, § 1, 1-27-20; Ord. No. 21-12, § 1, 7-12-21)

At the time of registering a vacation rental, and thereafter annually, the applicant shall be required to allow reasonable access to the property by city officials for an inspection of the Florida Fire Prevention Code, Life-Safety Code, NFPA 101, as amended and adopted by the state fire marshal from time to time.

(Ord. No. 19-50, § 1, 1-27-20; Ord. No. 21-12, § 2, 7-12-21)

The maximum occupancy of a vacation rental is two (2) persons per bedroom per vacation rental, plus an additional two children under the age of 18 per vacation rental. The total maximum occupancy of a vacation rental is twelve (12) persons, inclusive of minor children.

(Ord. No. 19-50, § 1, 1-27-20)

Each vacation rental may host guests who are not counted towards the maximum occupancy of the rental unit. These guests must vacate the vacation rental premises between the hours of 10:00 p.m. and 8:00 a.m. Ancillary use of the vacation rental does not imply or grant the property the right to operate as a special event venue pursuant to this Code. Total life-safety occupancy maximums apply to the ancillary use of the vacation rental.

(Ord. No. 19-50, § 1, 1-27-20)

(i)

All vacation rentals shall meet life-safety standards as established by local, state, and federal regulations.

(ii)

Each vacation rental will provide a smoke alarm, a carbon monoxide alarm, and a fire extinguisher for each rental unit. Additional life-safety equipment may be required pursuant to the Florida Fire Prevention Code, Life-Safety Code, NFPA 101, as amended and adopted by the State Fire Marshal from time to time.

(iii)

Each bedroom shall have one primary and one secondary means of egress from the bedroom, consistent with the Florida Fire Prevention Code, Life Safety Code, NFPA 101, as amended and adopted by the State Fire Marshal from time to time. Each means of egress must be maintained, unobstructed, and operable.

(iv)

Maximum occupancy, guest visiting hours, trash collection schedule, emergency contact information, and emergency evacuation information must be visibly posted in each rental unit. Fire exits must be clearly marked, and emergency lighting consistent with NFPA Life Safety Code 101 Chapter 7, must be provided in each vacation rental.

(Ord. No. 19-50, § 1, 1-27-20; Ord. No. 21-12, § 3, 7-12-21)

(i)

Each vacation rental, except as provided in subparagraph (iii) below, will provide at least one (1) stabilized parking space per bedroom offered for rent.

(ii)

Stabilized parking for vacation rentals may not consist of unimproved dirt, sand, or grass. For the purposes of this division, stabilized parking shall be defined as a space that is covered and graded by semi-permeable or impervious materials such as asphalt, concrete, pavers, gravel, or a similar material.

(iii)

Vacation rentals in all zoning districts that otherwise have on-site parking requirements will provide stabilized parking on the site of their rental property. If on-site parking is not feasible, the owner may make an application to the planning and zoning board for a use by exception for offsite parking. The application to the planning and zoning board for a use by exception for offsite parking may include in the alternative, parking permits to the municipal parking garage, or, if on-street parking permits for vacation rentals are provided pursuant to city regulations, residential street parking permits. Issuance of the necessary permits will meet the required parking for the vacation rentals.

(Ord. No. 19-50, § 1, 1-27-20)

Vacation rental property owners are responsible to ensure that garbage and trash receptacles are placed curbside consistent with city regulations at sections 30-7 and 30-8 of this Code. Appropriate fees and rates commensurate with collection volumes may be established pursuant to section 30-10 of this Code.

(Ord. No. 19-50, § 1, 1-27-20)

Valid and enforceable contracts for vacation rentals in existence prior to the effective date of Ordinance No. 19-50 remain unaffected by the terms of this ordinance.

(Ord. No. 19-50, § 1, 1-27-20)

If the city provides a system for telephonic or electronic processing of preliminary compliance complaints, these complaints will be directed to the property manager or property owner identified in the registration form. The property owner or property manager must respond by acknowledging that they have received the preliminary compliance complaint within thirty (30) minutes of notification by the city or its agent. Failure to respond to this notification will be considered a violation subject to the enforcement provisions found in this section.

Violation of sections 28-145 through 28-156, as well as section 28-159 may be prosecuted pursuant to article VI, code enforcement, or pursuant to any other procedure and remedy available to the city, including but not limited to, revocation of the vacation rental registration.

(Ord. No. 19-50, § 1, 1-27-20)

(a)

Codification of findings and intent of Ordinance No. 2010-24. The rental of single-family homes or legally existing non-conforming two-family dwelling units for periods of a week or longer in residentially zoned neighborhoods does not constitute a motel as defined by the City Code.

The residential, single-family-one (RS-1) and the residential, single-family-two (RS-2) zoning districts govern those neighborhoods designated for single-family dwellings and uses compatible with low density single-family uses in order to create and maintain a stable low intensity residential character.

The rental of single-family dwelling units in the RS-1 and RS-2 zoning districts for periods of one week or more but less than a long term, approximately three (3) months or more, creates an environment which does not maintain a stable, low intensity residential character unless such rentals are regulated.

Large gatherings, twenty (20) or more persons, at a single-family residential dwelling unit are not uncommon in a single-family residential neighborhood on an occasional basis, but the short-term rental of a single-family dwelling unit encourages such activities more frequently than generally experienced in a stable, low intensity residential neighborhood.

On August 3, 2010, the Planning and Zoning Board (PZB) for the City of St. Augustine made recommendation to the city commission for adoption of an ordinance to recognize and regulate short term rentals of dwelling units in the residential, single-family-one (RS-1) and residential, single-family-two (RS-2) zoning districts.

(b)

Code definition of motel enacted by Ordinance No. 1974-37. The definition for motel, referenced in Ordinance No. 2010-24, was enacted on April 28, 1975. Motel is defined as a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings and rooming or boarding houses, where rentals are generally for periods of a week or longer and occupancy is generally by residents rather than transients.

(c)

RS-1 and RS-2 zoning districts enacted by Ordinance No. 1974-37. RS-1 and RS-2 zoning districts, referenced in Ordinance No. 2010-24, were enacted on April 28, 1975. RS-1 and RS-2 zoning does not allow motels, defined as rentals with daily charge.

(d)

Interpretation of weekly short-term rental requirement in RS-1 and RS-2 zoning districts. Ordinance No. 2010-24 referenced existing zoning definitions and limitations for short-term rentals in RS-1 and RS-2 zoning districts. Motel uses, defined as rentals with daily charge, are not permitted in RS-1 and RS-2 zoning. Ordinance No. 2010-24 allows for these residentially zoned properties to be rented as short-term rentals for periods of one week or longer with registration. Nightly rentals are deemed a motel use and are not allowed in RS-1 and RS-2 zoning.

(Ord. No. 19-51, § 1, 1-27-20)

(a)

Short-term rentals on submerged lands require submerged land lease. Ordinance No. 1995-35 enacted on January 8th, 1996, relating to the city's submerged lands requires a submerged land lease from the city for docks or other structures used in revenue-generating or income-related activities. This existing ordinance applies to the use of boats as short term rentals.

(b)

Short-term rentals in HP-1 zoning require monthly or greater rental period of time. Ordinance No. 1989-51 enacted on August 14th, 1989, relating to the zoning of permitted uses and structures in historic preservation one zoning district requires rentals on a monthly or greater period of time. This existing ordinance applies to the use of HP-1 zoned properties as short term rentals.

(c)

Other regulations continue in effect. In addition, other local, state, and federal regulations may apply to the use of specific properties, structures, vessels, or vehicles as short term rentals. Specific identification of the above ordinances does not waive any other applicable regulations.

(Ord. No. 19-52, § 1, 1-27-20)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Short term rental unit means a one- or two-family dwelling unit which is rented more than four (4) times in any calendar year.

Large gathering means a group of twenty (20) or more people at one location.

(a)

The owner of a short term rental unit in the residential, single-family-one (RS-1) or residential-single-family-two (RS-2) zoning district shall register said short term rental unit with the planning and building department on forms provided by the department. Registration forms shall include the rental unit property address, parcel identification number, owner's name, owner's address and a notarized statement by the owner that the owner understands and agrees to the terms of these regulations.

(b)

Each day the owner rents a short term rental unit without a valid registration as required by this section constitutes a separate violation of this section.

(c)

Large gatherings are prohibited at short term rental units located in the RS-1 and RS-2 zoning districts.

(d)

Registration of a short term rental unit shall be voided and shall be no longer valid in the event a prohibited large gathering occurs at the location of the short term rental unit.

(Ord. No. 10-24, § 1, 8-23-10; Ord. No. 21-26, § 2, 10-11-21)

Notwithstanding any other provisions of this division 3, the allowable maximum height of structures of more than one story proposed for construction within single-family residential districts (RS-1 and RS-2) on a non-conforming lot of record shall be thirty (30) feet, and such structures shall have a minimum roof pitch of 5/12, with dormers limited to twenty (20) percent of the eave length per side. For the proposed structures subject to this provision, the maximum lot coverage shall be twenty-nine (29) percent in RS-1 and thirty-five (35) percent in RS-2.

(Ord. No. 05-28, § 1, 9-12-05; Ord. No. 21-26, § 2, 10-11-21)

There shall be a maximum impervious surface ratio (ISR) of seventy (70) percent of the lot size for all single family residential dwelling development regardless of the zoning district, except as established within the historic preservation districts and not within any master planned communities.

(Ord. No. 21-26, § 2, 10-11-21)

Intent. This district is intended to apply to those neighborhoods designated for single-family dwellings and uses compatible with low density single-family uses, so as to create and maintain a stable low intensity residential character.

(1)

Permitted uses and structures. Single-family dwelling; home-based business.

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permissible uses by exception. See section 28-347.

(4)

Minimum lot requirements (width and area):

a.

Minimum lot width, seventy-five (75) feet.

b.

Minimum lot area, one-quarter acre (10,890 square feet).

(5)

Maximum lot coverage by all buildings and structures. Twenty-five (25) percent.

(6)

Minimum yard requirements:

a.

Front, twenty (20) feet minimum.

b.

Side, fifteen (15) feet minimum.

c.

Rear, twenty (20) feet minimum.

(7)

Maximum height of structures. Thirty-five (35) feet.

(Code 1964, § 33-21; Ord. No. 99-05, § 2, 2-8-99; Ord. No. 22-07, § 1, 3-28-22)

Intent. This district is intended to apply to those neighborhoods designated for single-family dwellings and single-family type uses, as well as those uses compatible with low density single-family uses, so as to create and maintain a low intensity residential character.

(1)

Permitted uses and structures. Single-family dwellings; home-based business.

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permissible uses by exception. See section 28-347; housing for the elderly; neighborhood recreation facility.

(4)

Minimum lot requirements (width and area):

a.

Minimum lot width, fifty (50) feet.

b.

Minimum lot area, one-eighth acre (5,450 square feet).

(5)

Maximum lot coverage by all buildings:

a.

Thirty (30) percent.

(6)

Minimum yard requirements. All permitted or permissible uses and structures:

a.

Front, fifteen (15) feet.

b.

Side, ten (10) feet.

c.

Rear, ten (10) feet.

(7)

Maximum height of structures:

a.

Thirty-five (35) feet.

(Code 1964, § 33-22; Ord. No. 99-05, § 3, 2-8-99; Ord. No. 22-07, § 1, 3-28-22)

Intent. This district is intended to apply to those neighborhoods designated for multiple-family dwellings and uses, as well as those nonresidential uses compatible and complementary with medium density residential uses, so as to create and maintain a medium intensity residential character.

(1)

Permitted uses and structures:

a.

Single-family dwellings.

b.

Multiple-family dwellings.

c.

Housing for the elderly.

d.

Roominghouses and boardinghouses.

e.

Tourist homes and bed and breakfast inns.

f.

Neighborhood recreational facility.

g.

Accessory apartments.

h.

Home-based business.

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permissible uses by exception:

a.

See section 28-347, special event venue as per section 28-347(8) only allowed as an accessory use to a principal use.

b.

Hospitals and medical clinics, medical and dental offices, and intermediate care facilities.

c.

Professional offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist and similar uses.

d.

Business offices, such as real estate broker, insurance agent, stockbroker, manufacturer's agent and similar uses.

e.

Radio or television broadcasting office.

f.

Marinas, including food service incident to operation of a marina.

g.

Hotels and motels with or without kitchenettes (maximum thirty (30) units).

h.

Restaurants and/or bars in connection with hotels or motels, with a maximum of three (3) seats per hotel or motel unit.

i.

Hair salons, barbershops, interior decorators, photographic and art studios, and dance and music studios.

j.

Mobile food dispensing vehicle as per section 28-347(9).

(4)

Minimum lot requirements:

a.

Single-family dwellings:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, five thousand four hundred fifty (5,450) square feet.

b.

Multiple-family dwellings:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, seven thousand two hundred fifty (7,250) square feet for the first two (2) units and one thousand seven hundred fifty (1,750) square feet for each additional unit to a maximum of sixteen (16) units per acre.

c.

Nonresidential uses:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, five thousand four hundred fifty (5,450) square feet.

(5)

Maximum lot coverage by all buildings and structures. Thirty-five (35) percent.

(6)

Minimum yard requirements:

a.

Residential uses:

1.

Front, fifteen (15) feet.

2.

Side, ten (10) feet.

3.

Rear, ten (10) feet.

b.

Nonresidential uses:

1.

Front, fifteen (15) feet.

2.

Side, ten (10) feet.

3.

Rear, ten (10) feet.

(7)

Maximum height of structures:

a.

Single-family dwellings. Thirty-five (35) feet.

b.

Multiple-family dwellings. Thirty-five (35) feet.

(Code 1964, § 33-24; Ord. No. 99-42, § 2, 1-10-00; Ord. No. 03-17, § 2, 6-23-03; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 2, 5-22-23)

Intent. This district is intended to apply to those neighborhoods designated for multiple-family dwellings and uses, as well as those nonresidential uses compatible and complementary with medium density residential uses, so as to create and maintain a diverse medium intensity residential character.

(1)

Permitted uses and structures:

a.

Multifamily dwellings.

b.

Accessory apartments.

c.

Single-family dwellings.

d.

Tourist homes and bed and breakfast inns.

e.

Rooming and boarding houses.

f.

Hotel or motel, thirty (30) units maximum.

g.

Housing for the elderly.

h.

Neighborhood recreation facility.

i.

Home-based business.

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permitted uses by exception:

a.

Marinas.

b.

Hotels and motels, fifty (50) units maximum.

c.

Restaurants and/or bars in connection with hotels or motels.

d.

Restaurants with lounges.

e.

Professional and business offices.

f.

See section 28-347, special event venue as per section 28-347(8) only allowed as an accessory use to a principal use.

g.

Intermediate care facilities.

h.

Mobile food dispensing vehicle as per section 28-347(9).

(4)

Minimum lot requirements:

a.

Single-family dwellings:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, five thousand four hundred fifty (5,450) square feet.

b.

Multiple-family dwellings:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, seven thousand two hundred fifty (7,250) square feet for the first two (2) units and one thousand seven hundred fifty (1,750) square feet for each additional unit, to a maximum of sixteen (16) units per acre.

c.

Nonresidential uses:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, five thousand four hundred fifty (5,450) square feet.

(5)

Maximum lot coverage by all buildings and structures. Forty (40) percent.

(6)

Minimum yard requirements:

a.

Front, fifteen (15) feet.

b.

Side, ten (10) feet.

c.

Rear, ten (10) feet.

(7)

Maximum heights of structures. Thirty-five (35) feet.

(Code 1964, § 33-25; Ord. No. 03-17, § 2, 6-23-03; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 2, 5-22-23)

Intent. This district is intended to apply to those neighborhoods designated for mixed residential and commercial uses so as to create a medium intensity residential and low intensity commercial mix of uses.

(1)

Permitted uses and structures:

a.

Multiple-family dwellings.

b.

Professional and business offices.

c.

Restaurants, but not drive-in.

d.

Retail sales such as specialty food stores and drugs (but not supermarkets), clothing and toy and hobby shops, pet shops (but not kennel or veterinarian), bookstore and newsstand, stationery and card shops, leather goods and luggage, jewelry (including repair but not pawn shops), art and photographic supplies, TV and stereo equipment (including incidental repairs), florist or gift shop, bake shop (but not wholesale bakery), sporting goods, sundries and notions, business office supplies, musical instruments, records and tapes, retail sale of alcohol and similar products, with no exterior display or storage of merchandise permitted.

e.

Marina.

f.

Museums.

g.

Parking facilities and garages.

h.

Bar/tavern.

i.

Hotels, motels, conference centers, convention centers and spas.

j.

Craft alcohol industry.

k.

Home-based business.

l.

Mobile food dispensing vehicle as per section 28-347(9).

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permissible uses by exception.

a.

See section 28-347(1) and (2), special event venue as per section 28-347(8) only allowed as an accessory use to a principal use.

b.

Light manufacturing, processing, packaging and fabricating.

c.

Housing for the cognitively impaired.

d.

Housing for the elderly.

e.

Single-family dwellings, with minimum yard requirements as defined for zoning district RS-2 and a maximum height of thirty-five (35) feet.

f.

Retirement housing, which shall be defined as any building or buildings, section or distinct part of a building, private home, boarding house, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator. Retirement housing: may provide non-invasive services such as assistance with: (i) medication management including: with medication administration (topical, oral, and by injection (although only a licensed nurse may administer any such injection)) and ordering medications from a pharmacy; (ii) arranging for the provision of independent medical services (both off the property and as "home health care" on the property); (iii) diabetes testing; (iv) diet control and administration; and (v) wellness services, which include quarterly health assessments, weight monitoring, blood pressure checks, contracting with medical professionals, and coordinating any special services required by the resident (such as acquisition of medical equipment and supplies). The term "retirement housing" does not include the provision of medical, nursing, dental, or mental health services. The term "retirement housing" also does not include nursing homes.

g.

Commercial recreational and entertainment facilities including outdoor sports or activities such as tennis, paddle tennis, handball, racquestball, shuffleboard, miniature golf, archery range and horseshoe games but not shooting gallery, skating rinks, pony rides or go-cart tracks.

(4)

Minimum lot requirements. As per planning and zoning board site plan review.

(5)

Maximum lot coverage by all buildings and structures. Fifty (50) percent.

(6)

Minimum yard requirements:

a.

Front, fifteen (15) feet.

b.

Side, ten (10) feet.

c.

Rear, ten (10) feet.

(7)

Maximum height of structures. Fifty (50) feet.

(Code 1964, § 33-26; Ord. No. 95-16, § 1, 5-8-95; Ord. No. 99-11, § 2, 3-22-99; Ord. No. 03-10, § 1, 4-14-03; Ord. No. 04-20, § 1, 1-10-05; Ord. No. 12-01, § 1, 3-16-12; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 21-17, § 1, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 2, 5-22-23)

Intent. This district is intended to apply to those neighborhoods designated for single and multiple-family dwellings and uses, as well as those nonresidential uses compatible with and complementary to low density residential uses, so as to create and maintain a mixed low density residential character.

(1)

Permitted uses and structures:

a.

Single-family dwellings.

b.

Accessory apartments.

c.

Multiple-family dwellings.

d.

Home-based business.

(2)

Permitted accessory uses and structures: See section 28-348.

(3)

Permitted uses by exception:

a.

Tourist homes and bed and breakfasts.

b.

Rooming and boarding houses.

c.

Housing for the elderly.

d.

Neighborhood recreation facility.

e.

Hotels and motels, thirty (30) units maximum.

f.

Restaurants and/or bars in connection with hotels or motels.

g.

Intermediate care facilities.

h.

See section 28-347.

(4)

Minimum lot requirements:

a.

Single-family dwellings:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, five thousand four hundred fifty (5,450) square feet.

b.

Multiple-family dwellings:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, ten thousand nine hundred (10,900) square feet for the first two (2) units and five thousand four hundred (5,400) square feet for each additional unit, to a maximum of eight (8) units per acre.

c.

Nonresidential uses:

1.

Minimum lot width, fifty (50) feet.

2.

Minimum lot area, five thousand four hundred fifty (5,450) square feet.

(5)

Maximum lot coverage by all buildings and structures: Thirty (30) percent.

(6)

Minimum yard requirements:

a.

Residential uses:

1.

Front, fifteen (15) feet.

2.

Side, ten (10) feet.

3.

Rear, ten (10) feet.

b.

Nonresidential uses:

1.

Front, fifteen (15) feet.

2.

Side, twenty (20) feet.

3.

Rear, twenty (20) feet.

(7)

Maximum heights of structures: Thirty-five (35) feet.

(Ord. No. 96-07, § 1, 5-13-96; Ord. No. 22-07, § 1, 3-28-22)

(a)

Intent. This district is intended to apply to those neighborhoods designated for mixed residential and commercial uses so as to create a medium intensity residential and low intensity commercial mix of uses.

(1)

Permitted uses and structures.

a.

Multiple-family dwellings.

b.

Professional and business offices.

c.

Restaurants, but not drive-in.

d.

Retail sales such as specialty food stores and drugs (but not supermarkets), clothing and toy and hobby shops, pet shops (but not kennel or veterinarian), bookstore and newsstand, stationery and card shops, leather goods and luggage, jewelry (including repair but not pawn shops), art and photographic supplies, TV and stereo equipment (including incidental repairs), florist or gift shop, bake shop (but not wholesale bakery), sporting goods, sundries and notions, business office supplies, musical instruments, records and tapes, retail sale of alcohol and similar products, with no exterior display or storage of merchandise permitted.

e.

Marina.

f.

Museums.

g.

Parking facilities and garages.

h.

Bar/tavern.

i.

Hotels, motels, conference centers, convention centers and spas.

j.

Craft alcohol industry.

k.

Home-based business.

l.

Mobile food dispensing vehicles as per section 28-347(9).

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permissible uses by exception.

a.

See section[s] 28-347(1) and (2), special event venue as per section 28-347(8) only allowed as an accessory use to a principal use.

b.

Light manufacturing, processing, packaging and fabricating.

c.

Single-family dwellings, with minimum yard requirements as defined for zoning district RS-2 and a maximum height of thirty-five (35) feet.

(4)

Minimum lot requirements. As per planning and zoning board site plan review.

(5)

Maximum lot coverage by all buildings and structures. Fifty (50) percent.

(6)

Minimum yard requirements.

a.

Front, fifteen (15) feet.

b.

Side, ten (10) feet.

c.

Rear, ten (10) feet.

(7)

Maximum height of structures. Forty (40) feet.

(Ord. No. 99-15, § 1, 5-24-99; Ord. No. 03-10, § 2, 4-14-03; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 21-17, § 1, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 2, 5-22-23)

The historical heritage of the city is one of its most valued and important assets. It is therefore the purpose of the historic district regulations:

(1)

To safeguard the heritage of the city by preserving the district(s) which reflect noteworthy elements of the cultural, educational, social, economic, political and/or architectural history.

(2)

To educate the citizen to realize, understand, and appreciate the city's rich heritage.

(3)

To stimulate a greater awareness and sense of pride in the founding of the city and the contributions it has made to the state and nation.

(4)

To develop an atmosphere and feeling of old, historic St. Augustine by encouraging the preservation and restoration of historic structures within the districts.

(5)

To improve the environmental quality and overall livability of the historic section of St. Augustine.

(6)

To stabilize and improve property values in the district and to allow uses that encourage the restoration and conservation of historic sites and structures.

(7)

To promote the use and preservation of the district for the education, welfare and pleasure of residents of St. Augustine and St. Johns County, and of the state and nation as well.

(8)

That these aforementioned goals and objectives of the historic district be achieved and implemented through the establishment of and enforcement of the general district guidelines and specific district regulations.

(Code 1964, § 33-31)

Editor's note— Ord. No. 00-35, § 1, adopted Oct. 23, 2000, repealed § 28-182 in its entirety. Formerly, said section pertained to intent as it relates to historic preservation districts. See the Code Comparative Table.

Intent. This district is intended to provide primarily residential uses that will encourage the preservation and restoration of historic structures in the district.

(1)

Boundaries. This district is bounded as follows:

a.

North. Easterly along a line running parallel to and sixty-five (65) feet north of Palm Row for a distance of one hundred ninety (190) feet; thence northerly along a line running parallel to St. George Street for seventy (70) feet; thence easterly to St. George Street; thence southerly along St. George Street to Cadiz Street; thence easterly along Cadiz Street to Aviles Street; thence southerly along Aviles Street to Bridge Street; thence easterly along Bridge Street to the Matanzas River or Bay.

b.

East. Matanzas River or Bay.

c.

South. Cemetery Lane westerly to Charlotte Street; thence southerly to San Salvador Street; thence westerly to St. George Street and continuing a westerly projection line to Cordova Street.

d.

West. Cordova Street between a projection line of San Salvadore Street to Palm Row.

(2)

Permitted uses and structures:

a.

Single-family. Owner occupied or rental dwelling unit. If a rental dwelling unit, rentals on a monthly or greater period of time.

b.

Accessory apartments, apartments and duplexes, rental dwellings being rented on a monthly or greater period of time.

c.

Home-based business.

(3)

Permitted uses by exception:

a.

Public administrative and service facilities with structures and uses limited to business offices, museums and housing for employees.

b.

Churches.

c.

Schools.

d.

Nonprofit museums relating to the history of St. Augustine and the State of Florida.

e.

Nonprofit libraries relating to the history of St. Augustine and the State of Florida.

(Code 1964, § 33-32; Ord. No. 00-35, § 2, 10-23-00; Ord. No. 22-07, § 1, 3-28-22)

Intent. This district is intended to provide a mix of commercial and residential uses that will encourage the restoration and reproduction of historic structures and maintain the historic and pedestrian scale of the neighborhood.

(1)

Boundaries. This district is bounded as follows:

a.

North. Hypolita Street easterly to Charlotte Street; thence northerly along Charlotte Street to Cuna Street; thence easterly along Cuna Street to the Matanzas River or Bay.

b.

East. Matanzas River or Bay.

c.

South. Easterly along a line running parallel to and sixty-five (65) feet north of Palm Row for a distance of one hundred ninety (190) feet; thence northerly along a line running parallel to St. George Street for seventy (70) feet; thence easterly to St. George Street; thence southerly along St. George Street to Cadiz Street; thence easterly along Cadiz Street to Aviles Street; thence southerly along Aviles Street to Bridge Street; thence easterly along Bridge Street to Matanzas River or Bay.

d.

West. Cordova Street between Palm Row and Hypolita Street.

(2)

Permitted uses and structures:

a.

Single-family.

b.

Multifamily.

c.

Tourist homes and bed and breakfast inns.

d.

Professional and business offices.

e.

Rooming and boarding houses.

f.

Banks and other financial institutions.

g.

Retail sales (excluding rental of motorized vehicles):

1.

New.

2.

Antique.

3.

Souvenir.

4.

Gift.

5.

Craft, such as specialty food stores (including beer and wine but not supermarkets), clothing, toy and hobby shops, bookstore and newsstand, stationery and card shops, leather goods and luggage, jewelry (including repair but not pawn shops), art and photographic supplies, cameras, florist or gift shop, sundries and notions, business office supplies, records and tapes, furniture, art supplies and similar uses.

h.

Service:

1.

Barbershop or beauty shop.

2.

Shoe repair.

3.

Restaurant (but not drive-in).

4.

Interior decorator.

5.

Photographic, art, craft, dance or music studios, indoor theatres, tailoring, catering and clothing rental.

i.

Museums.

j.

Housing for the elderly.

k.

Home-based business.

(3)

Permitted uses by exception:

a.

Not-for-profit clubs.

b.

Churches.

c.

Cocktail lounges/taverns.

d.

Hotels/motels/inns.

e.

Drive-up windows for banks and financial institutions.

f.

Home occupations.

g.

Special event venue as per section 28-347(8).

h.

Hostels.

i.

Craft alcohol industry and its retail sales, but not wholesale storage and distribution or alcohol for sale and consumption on the premises.

(Code 1964, § 33-33; Ord. No. 03-17, § 3, 6-23-03; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 16-06, § 3, 2-8-16; Ord. No. 21-17, § 2, 10-11-21; Ord. No. 22-07, § 1, 3-28-22)

Editor's note— With the adoption of Ord. No. 96-50, territory was rezoned from the HP-2 district which is not reflected in the boundaries set out in subsection 28-184(1). The text of said ordinances are on file and available for inspection in the office of the city clerk.

Intent. This district is intended to provide a mix of commercial and residential uses that will encourage the restoration and reproduction of historic structures and maintain the historic and pedestrian scale of the neighborhood.

(1)

Boundaries. This district is bounded as follows:

a.

North. Commence at the intersection of Castillo Drive and Cordova Street; thence easterly to San Marco Avenue; thence southerly along San Marco Avenue to the intersection of the projection of a line running along the northern boundary of the Castillo de San Marcos National Monument Reservation; thence easterly along this projection line to Matanzas River or Bay.

b.

East. Matanzas River or Bay.

c.

South. Hypolita Street easterly to Charlotte Street; thence northerly along Charlotte Street to Cuna Street; thence easterly along Cuna Street to the Matanzas River or Bay.

d.

West. Cordova Street between Hypolita Street and Castillo Drive.

(2)

Permitted uses and structures:

a.

Single-family.

b.

Multifamily.

c.

Tourist homes and bed and breakfast inns.

d.

Retail sales (excluding rental of motorized vehicles):

1.

New.

2.

Antique.

3.

Souvenir.

4.

Gift.

5.

Craft such as specialty food stores (including beer and wine but not supermarkets), clothing and toy and hobby shops, bookstore and newsstand, stationery and card shops, leather goods and luggage, jewelry (including repair but not pawn shops), art and photographic supplies, cameras, florist or gift shop, sundries and notions, business office supplies, records and tapes, furniture, art supplies and similar uses.

e.

Service. Restaurants with lounges; interior decorator; hair salon; photographic, art, craft, dance or music studios; tailoring; catering and clothing rental.

f.

Museums.

g.

Professional and business offices.

h.

Rooming and boarding houses.

i.

Housing for the elderly.

j.

Home-based business.

(3)

Permitted uses by exception:

a.

Fowl and hoofed animals in the area of HP-3 district bounded as follows: On the south by Hypolita Street; on the east by Charlotte Street; on the north by Orange Street and Avenida Menendez; on the west by Spanish Street; provided the fowl and hoofed animals are used solely for display purposes in accordance with the purpose and intent of the historic district regulations without any sale, resale or commercial use thereof.

b.

Cocktail lounges, taverns.

c.

Home occupations.

d.

Hotels/motels/inns.

e.

Special event venue as per section 28-347(8).

f.

Hostels.

g.

Craft alcohol industry and its retail sales, but not wholesale storage and distribution or alcohol for sale and consumption on the premises.

(Code 1964, § 33-34; Ord. No. 90-36, § 1, 2-11-91; Ord. No. 03-17, § 3, 6-23-03; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 16-06, § 3, 2-8-16; Ord. No. 2021-17, § 2, 10-11-21; Ord. No. 22-07, § 1, 3-28-22)

Intent. This district is intended to apply to significant, large-scale Flagler-era development adjacent to the Colonial City and provides for such uses that encourage the maintenance and use of these structures.

(1)

Boundaries. This district is bounded as follows:

a.

North. Valencia Street, between Sevilla Street and Cordova Street.

b.

East. Cordova Street, between Valencia Street and Bridge Street.

c.

South. Bridge Street, between Cordova Street and Granada Street.

d.

West. Sevilla Street, between Valencia Street and King Street; thence easterly on King Street to Granada Street; thence southerly on Granada Street to Bridge Street.

(2)

Permitted uses and structures:

a.

Museums.

b.

Colleges, schools and universities.

c.

Professional and business offices.

d.

Retail sales (excluding rental of motorized vehicles):

1.

New.

2.

Antique.

3.

Souvenir.

4.

Gift.

5.

Craft.

e.

Service:

1.

Barbershop and beauty shop.

2.

Shoe repair.

3.

Restaurants (but not drive-in).

(3)

Permitted uses by exception:

a.

Motel/hotel.

b.

Special event venue as per section 28-347(8).

(Code 1964, § 33-35; Ord. No. 15-02, § 1, 12-14-15)

Editor's note— With the adoption of Ord. No. 82-8, Ord. No. 92-29, Ord. No. 95-05 and Ord. No. 96-50 territory was added to the HP-4 district which is not reflected in the boundaries set out in subsection 28-186(1). The text of said ordinances are on file and available for inspection in the office of the city clerk.

Intent. This district is intended to provide a mix of residential and nonresidential uses compatible with the existing historic structures and the district's relationship with surrounding neighborhoods and traffic circulation.

(1)

Created; boundaries. There is hereby created an historical preservation district to be known as historical preservation district HP-5, the boundaries of which shall be as follows:

Begin at the intersection of U.S. Highway 1 and Grove Avenue; thence run easterly along Grove Avenue to San Marco Avenue (except those properties zoned PUD); thence southerly along San Marco Avenue to Castillo Drive; thence westerly along Castillo Drive to Riberia Street; thence southerly along Riberia Street to Orange Avenue; thence westerly along Orange Avenue to U.S. Highway 1; thence northerly along U.S. Highway 1 to Grove Avenue.

(2)

Permitted uses and structures:

a.

Single-family.

b.

Professional and business offices.

c.

Banks and other financial institutions.

d.

Museums that relate to the history of St. Augustine.

e.

Housing for the elderly.

f.

Hair salons, beauty shops and barber shops.

g.

Tattoo parlor or studio.

h.

Home-based business.

(3)

Permitted uses by exception:

a.

Restaurants, including taverns and lounges, operated as a part thereof.

b.

Multifamily dwellings.

c.

Drive-up windows for banks and other financial institutions.

d.

Home occupations.

e.

Motion picture theatre facilities within completely enclosed buildings.

(4)

Additional requirements. Manufacturing, repair and mechanical work is prohibited. Provided, further, that all of the above permitted uses except single-family dwellings and multifamily dwellings shall meet the following additional requirements:

a.

Any such use which is adjacent to residential property shall have constructed along such adjacent property a six-foot-high solid masonry wall.

b.

All air conditioning and/or heating units and garbage collection containers shall be located so as not to be visible from adjacent residential property.

c.

No traffic shall be allowed to enter or exit onto Grove Avenue except for emergency.

d.

No garbage containers of over thirty-gallon capacity shall be placed along Grove Avenue.

e.

Off-street parking and off-street loading is required in HP-5 as defined in sections 28-367 through 28-375 and section 28-337.

(5)

Maximum lot coverage by all buildings and impervious surfaces:

a.

Fifty (50) percent.

b.

Main structures, two thousand five hundred (2,500) square feet.

(6)

Additional requirements. Lots containing single-family residential dwelling development shall not exceed an impervious surface ratio (ISR) maximum of seventy (70) percent ISR:

(7)

Maximum and minimum yard requirements:

a.

Front, ten (10) feet minimum, twenty (20) feet maximum.

b.

Side, five (5) feet.

c.

Rear, twenty (20) feet.

(8)

Maximum height of structures: Thirty-five (35) feet, two and one-half (2½) stories.

(9)

Minimum yard requirements.

a.

Minimum lot width, fifty (50) feet.

b.

Minimum lot area, six thousand, seven hundred and fifty (6,750) square feet.

(Code 1964, § 33-38; Ord. No. 92-17, § 1, 8-10-92; Ord. No. 96-28, § 1, 6-24-96; Ord. No. 03-17, § 10, 6-23-03; Ord. No. 20-03, § 2, 2-10-20; Ord. No. 21-26, § 3, 10-11-21; Ord. No. 22-07, § 1, 3-28-22)

(a)

All new buildings or structures within these historical districts shall conform to the Architectural Guidelines for Historic Preservation of the City of St. Augustine. New construction, whenever practical, should conform to old foundation lines in order that the original scale and pattern of development can be preserved.

(b)

The following lot, yard and height requirements shall be applicable to new construction reflecting the Colonial periods in historic preservation district 1 and to all new construction in historic preservation districts 2 and 3:

(1)

Minimum lot requirements:

a.

Minimum lot width, thirty-five (35) feet.

b.

Minimum lot area, one thousand seven hundred fifty (1,750) square feet.

(2)

Maximum lot coverage by all buildings and impervious surfaces:

a.

The lesser of seventy (70) percent or seven thousand (7,000) square feet.

b.

Main structure, the lesser of two thousand five hundred (2,500) square feet or fifty (50) percent of total lot size.

c.

Lots containing single-family residential dwelling development shall not exceed an impervious surface ratio (ISR) maximum of eighty (80) percent ISR.

(3)

Maximum and minimum yard requirements:

a.

Front. Main building must be located on the street frontage. The main building shall not exceed the lesser of eighty (80) percent of the lot width or forty (40) feet.

1.

Secondary buildings which connect to a main building shall be set back the lesser of forty (40) percent of total lot depth or forty (40) feet.

2.

Main buildings on the same lot shall be separated by minimum of twenty (20) feet.

b.

Rear. Three (3) feet minimum.

c.

Side. Three (3) feet minimum, except that Spanish Colonial reproduction structures may be located on the north property line when no windows or doors are located in the north facade and there is a six-foot minimum setback on the south property line.

(4)

Maximum height of structures:

a.

No portion of peaked roof main buildings or structures shall exceed thirty-five (35) feet, two and one-half (2½) stories. No portion of flat-roofed main buildings or structures shall exceed thirty (30) feet, two (2) stories.

b.

No portion of secondary buildings or structures and connections shall exceed fifteen (15) feet.

(c)

The following lot, yard and height requirements shall be applicable to new construction reflecting all other architectural styles as permitted in the Architectural Guidelines for Historic Preservation or as approved by HARB within the allowable list of styles in historic preservation district 1:

(1)

Minimum lot requirements:

a.

Minimum lot width, thirty-five (35) feet.

b.

Minimum lot area, one thousand seven hundred fifty (1,750) square feet.

(2)

Maximum lot coverage by all buildings and impervious surfaces:

a.

All structures: The lesser of seventy (70) percent or seven thousand (7,000) square feet as approved by HARB to be compatible with adjacent properties but not to exceed seventy (70) percent maximum lot coverage.

b.

Main structure: The lesser of two thousand five hundred (2,500) square feet or fifty (50) percent of total lot size.

c.

Lots containing single-family residential dwelling development shall not exceed an impervious surface ratio (ISR) maximum of eighty (80) percent ISR.

(3)

Maximum and minimum yard requirements:

a.

Front: Main building must be located between eighty-five (85) and one hundred fifteen (115) percent of the average front setback distance from the front property line established by the existing adjacent historic structures facing the same street. For the purpose of this section, adjacent refers only to structures located along the same street or, for corner lots, only to properties located along the streets which comprise the intersection.

1.

When all of the buildings on a given block have an established front setback line, new construction must maintain that existing setback line.

2.

Secondary structures and garage apartment buildings must be located in the rear fifty (50) percent of the lot.

b.

Rear:

1.

Five (5) foot minimum for one-story structures.

2.

Ten (10) foot minimum for structures exceeding one story.

c.

Side:

1.

Three (3) feet or a distance within fifteen (15) percent of the average distance between existing historic structures with the same intensity of scale and mass on the block facing the same street, whichever is greater.

2.

When all of the buildings on the block have the same side yard setback, new construction must adhere to the established spacing pattern.

(4)

Maximum height of structures:

a.

No portion of peaked roof main buildings or structures shall exceed a height of thirty-five (35) feet and two and one-half (2½) stories. No portion of flat-roofed main buildings or structures shall exceed a height of thirty (30) feet and two (2) stories.

b.

No portion of secondary buildings or structures and connections shall exceed a height of fifteen (15) feet.

(Code 1964, § 33-39; Ord. No. 11-15, § 2, 10-24-11; Ord. No. 21-26, § 3, 10-11-21)

It shall be unlawful for any person to own, construct or place a television satellite receive-only antenna in historic preservation districts 1 through 5 or any National Registry District of the City of St. Augustine, Florida, in a manner that shall be visible from any public street, highway or way.

(Code 1964, §§ 23-8.1, 33-40; Ord. No. 03-17, § 7, 6-23-03)

Except as provided herein, the outdoor retail or wholesale sale or display of merchandise shall not be a permitted use within HP-2 or HP-3 [districts]. As used herein the term "outdoor" shall mean any area which is outside of the heated or cooled area of a building and visible from a public street. Provided, however, that the outdoor display or sale of merchandise shall be permitted:

(1)

In conjunction with and pursuant to any outdoor sale or display of merchandise authorized by the city commission under section 22-6 of the Code of the City of St. Augustine, Florida; or

(2)

When the display is limited to merchandise identical to that actually in stock and available for purchase on the premises where the display is maintained, the display is limited in size to an area no greater than five (5) feet high, three (3) feet wide, and three (3) feet in length and is not located within six (6) feet of any other such display. No such display may be located within any public right-of-way, mandatory building setback under this chapter or so as to interfere with any fire exit required under any building code of the city. Any display rack, shelves or other device used in conjunction with the display of merchandise shall be made of wood which shall have either a natural finish or shall be painted only in colors which have been approved by the historical architectural review board, or shall be made of brass, copper, bronze, nickel, tin or iron; provided, however, that painted, polished, anodized or chromed metals shall be prohibited.

(Ord. No. 88-55, § 1, 8-22-88; Ord. No. 94-06, § 1, 3-14-94)

Intent. This district is intended to apply to areas where small groups of low intensity commercial uses may be appropriately located to serve within convenient traveling distance from one (1) or several neighborhoods. The CL-1 district is not intended for use by medium intensity commercial uses such as service stations, vehicle repair and sales, etc. However, professional and business offices and similar uses are encouraged.

(1)

Permitted uses and structures:

a.

Retail outlets such as specialty food stores and drugs (but not supermarkets); clothing, hardware, toy and hobby shops; pet shops (but not kennel or veterinarian); bookstore and newsstand; stationery and card shops; leather goods and luggage; jewelry (including repair but not pawn shops); art and photographic supplies; TV and stereo equipment (including incidental repairs); florist or gift shop; bake shop (but not wholesale bakery); sporting goods; sundries and notions; business office supplies; musical instruments, records and tapes; and similar products.

b.

Service establishments such as hair salons, shoe repair shop, restaurant (up to one hundred (100) seats, but not drive-in or fast food), interior decorator, photographic or art studio, dance or music studio, health club or facility, tailoring, catering, self-service laundry or dry cleaner and dry cleaning and laundry package plant in a completely enclosed building using nonflammable liquids with no odor or fumes or steam detectable to normal senses from off the premises and similar activities.

c.

Tourist homes and bed and breakfast inns.

d.

All types of professional and business offices.

e.

Churches (except temporary revival establishments).

f.

Libraries and museums.

g.

Single-family dwellings as for RG-1 (section 28-163).

h.

Multiple-family housing.

i.

Rooming and boarding houses.

j.

Housing for the elderly.

k.

Antique shops.

l.

Stables, provided, however, that property shall have been utilized as of the date of the adoption of this subsection [December 23, 1991,] as a stable for more than two (2) years preceding such adoption, and no other.

m.

Tattoo parlor or studio.

n.

The above uses are subject to the following limitations:

1.

Sale, display, preparation and storage to be conducted within a completely enclosed building, and no more than twenty (20) percent of floor space to be devoted to storage.

2.

Products to be sold only at retail.

3.

No sale, display or storage of secondhand merchandise except as incidental to sale of new merchandise.

o.

Home-based business.

p.

Mobile food dispensing vehicle as per section 28-347(9).

(2)

Permitted accessory uses and structures:

a.

See section 28-348.

b.

Parking lots complying with section 28-347(3).

(3)

Permissible uses by exception:

a.

Hotel/motel, maximum of thirty (30) units.

b.

Plant nursery.

c.

Sale of alcoholic beverages with alcoholic content not more than fourteen (14) percent for consumption, either on the premises or off the premises.

d.

Wholesaling from sample stocks only, provided no manufacturing or storage for distribution is permitted on the premises.

e.

Medical/dental clinic, intermediate care facility.

f.

Uses and structures as for RG-1 (section 28-163).

g.

Indoor movie theatres.

h.

Commercial recreational or entertainment facilities in completely enclosed building such as billiard parlor, bowling alley, swimming pool, skating rink, dance hall and similar uses.

i.

Building trades contractor not requiring outside storage, nor the use of any vehicle in excess of one-ton capacity, nor any machinery, ditching machines, tractors, bulldozers or other heavy construction equipment.

j.

Micropigmentation clinic.

k.

Craft alcohol industry, limited to alcohol by volume (ABV) not to exceed fourteen (14) percent, such as but not limited to, beer and wine. Wholesaling from sample stocks only, provided no manufacturing or storage for distribution is permitted on the premises.

(4)

Minimum lot requirements (area and width). None, except as needed to meet other requirements specified herein.

(5)

Maximum lot coverage by all buildings. Fifty (50) percent.

(6)

Minimum yard requirements. All uses, except single-family dwellings:

a.

Front. Ten (10) feet minimum, fifteen (15) feet maximum; except where lot width is less than one hundred (100) feet and buildings (if any) on adjacent lots have provided a lesser front yard, front yard shall be average of buildings on adjacent lots. Buildings must front an arterial road if the property is located along an arterial, and front two (2) arterial roads if the property is located adjacent to two (2) or more arterial roads. The front yard requirement shall be measured from the property line to the building, excluding awnings, portes cochere, balconies, porches, canopies, or other non-occupied appendages.

b.

Side. Ten (10) feet.

c.

Rear. Ten (10) feet.

(7)

Maximum height of structures. Thirty-five (35) feet.

(Code 1964, § 33-42; Ord. No. 91-10, § 1, 6-24-91; Ord. No. 91-22, § 1, 12-23-91; Ord. No. 91-30, § 1, 1-13-92; Ord. No. 97-09, § 1, 4-14-97; Ord. No. 03-17, § 4, 6-23-03; Ord. No 06-34, § 1, 11-13-06; Ord. No. 19-01, § 14, 1-28-19; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 21-17, § 2, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 3, 5-22-23)

Intent. This district is intended to apply to areas where low intensity commercial uses may be located to serve one (1) or more neighborhoods. The CL-2 district is not intended for use by medium intensity commercial uses but low traffic generating commercial uses are encouraged.

(1)

Permitted uses and structures:

a.

Retail outlets such as specialty food stores and drugs (but not supermarkets), clothing and toy and hobby shops, pet shops (but not kennel or veterinarian), bookstore and newsstand, stationery and card shops, leather goods and luggage, jewelry (including repair but not pawn shops), art and photographic supplies, TV and stereo equipment (including incidental repairs), florist or gift shop, bake shop (but not wholesale bakery), sporting goods, sundries and notions, business office supplies, musical instruments, records and tapes, home furnishings and appliances (including incidental repairs), office equipment and furniture, hardware, used merchandise (in a completely enclosed building), duplicating and similar products.

b.

Service establishments such as hair salons, shoe repair shop, restaurant (but not drive-in or fast food), interior decorator, photographic or art studio, dance or music studio, health club or facility, tailoring, catering, self-service laundry or dry cleaner and dry cleaning and laundry package plant in a completely enclosed building using nonflammable liquids with no odor or fumes or steam detectable to normal senses from off the premises, radio and TV broadcasting office and studio, funeral home, marina, blueprinting, job printing and newspaper, electronic equipment repair shop, travel agencies, employment offices and similar activities.

c.

Banks, loan companies, mortgage brokers, stockbrokers and similar financial institutions.

d.

All types of professional and business offices, union hall and similar uses.

e.

Art gallery; museum; community center; vocational, trade or business school; colleges and universities; and similar uses.

f.

An establishment or facility for the retail sale or service of all alcoholic beverages either for on-premises or off-premises consumption, or both (but not drive-in).

g.

Wholesaling from sample stocks only, provided no manufacturing or storage for distribution is permitted on premises.

h.

Commercial parking lots, automobile parking garages.

i.

Hotels and motels without kitchenettes (maximum of fifty (50) units).

j.

Single-family dwellings as for RG-1 (section 28-163).

k.

Shopping plaza.

l.

Churches.

m.

Multiple-family dwellings as for RG-1.

n.

Tattoo parlor or studio.

o.

Micropigmentation clinic.

p

Craft alcohol industry. Wholesaling from sample stocks only, provided no manufacturing or storage for distribution is permitted on the premises.

q.

Home-based business.

r.

Mobile food dispensing vehicle as per section 28-347(9).

s.

Mobile food truck court as per section 28-347(9).

(2)

Permitted accessory uses. See section 28-348.

(3)

Permissible uses by exception:

a.

Automobile service station (see section 28-338), repair garages, new or used automobile sales lot.

b.

Drive-in restaurant and other drive-in uses.

c.

Child care center, home occupations or private school, all as provided in section 28-347.

d.

Housing for the elderly, roominghouses or boardinghouses and similar uses; all in compliance with section 28-163(4), for lot requirements, yards and other provisions.

e.

Hospital and intermediate care facility.

f.

Commercial recreational or entertainment facilities in completely enclosed building such as billiard parlor, bowling alley, swimming pool, skating rink, dance hall and similar uses.

g.

Candy manufacturing.

h.

Uses and structures as in RG-2 (section 28-164).

i.

Shopping center.

j.

Establishments for handcrafted small signs made primarily of wood. Such work to take place within a wholly enclosed building, such building not to exceed one thousand six hundred (1,600) square feet. The planning and building manager may establish, by rule, criteria for determination of the maximum size of signs to be produced in such establishments, taking into consideration the maximum size of signs permitted within the City of St. Augustine in the various commercial zones, including Historic Preservation Zones and taking into account that it is not the intent of this section to authorize, under any circumstances, internally illuminated signs, billboards or signs containing moveable parts and that the craftsmanship intended by this section is intended to be similar in skills required in cabinet making.

k.

Tourist attraction.

l.

Special event venue as per section 28-347(8).

m.

Dormitory.

(4)

Minimum lot requirements (width and area). None, except as specifically required for certain uses.

(5)

Maximum lot coverage of all buildings. Sixty (60) percent.

(6)

Minimum yard requirements:

a.

Front, zero feet minimum, fifteen (15) feet maximum. Buildings must front an arterial road if the property is located along an arterial, and front two (2) arterial roads if the property is located adjacent to two (2) or more arterial roads. The front yard requirement shall be measured from the property line to the building, excluding awnings, portes cochere, balconies, porches, canopies, or other non-occupied appendages.

b.

Side, five (5) feet.

c.

Rear, five (5) feet.

d.

Minimum yard requirements for the San Marco Avenue Design Standards. Development within the San Marco Avenue Design Standards entranceway corridor area including the use of the residential typology requires a front setback fifteen (15) feet minimum, thirty (30) feet maximum. Development within the San Marco Avenue Design Standards entranceway corridor area including the use of the traditional commercial typology requires a front setback zero feet minimum, ten (10) feet maximum, and zero feet side setback consistent with the Chart in the Design Standards.

(7)

Maximum height of structures. Thirty-five (35) feet.

(Code 1964, § 33-43; Ord. No. 93-35, § 1, 12-13-93; Ord. No. 96-34, § 1, 7-8-96; Ord. No. 06-34, § 1, 11-13-06; Ord. No. 15-02, § 1, 12-14-15; 16-06, § 2, 2-8-16; Ord. No. 18-09, § 4, 6-25-18; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 21-17, § 1, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 3, 5-22-23)

Intent. This district is intended to apply to areas where adequate lot depth is available to provide meaningful development for service-oriented automotive uses, tourist accommodations, attractions and supporting facilities. It is not intended that this district become or be used for strip commercial purposes.

(1)

Permitted principal uses and structures:

a.

Service station.

b.

Hotels and motels with or without kitchenettes.

c.

Shopping plaza and shopping center.

d.

Reception and information center.

e.

Museums.

f.

Outdoor recreational facilities.

g.

Service establishments such as hair salons, shoe repair shop, restaurant (including drive-in or fast food), service stations, interior decorator, photographic or art studio, dance or music studio, health club or facility, tailoring, catering, self-service laundry or dry cleaner and dry cleaning and laundry package plant in a completely enclosed building using nonflammable liquids with no odor or fumes or steam detectable to normal senses from off the premises, radio and TV broadcasting office and studio, funeral home, marina, blueprinting, job printing and newspaper, electronic equipment repair shop, travel agencies, employment offices, furniture reupholstering, video rental and similar activities.

h.

Banks and financial institutions.

i.

Multiple-family dwellings.

j.

Retail outlets such as specialty food stores, pharmacy, supermarkets, clothing and toy and hobby shops, pet shops (but not kennel), bookstore and newsstand, stationery and card shops, leather goods and luggage, jewelry (including repair but not pawn shops), art and photographic supplies, sporting goods, TV and stereo equipment (including repairs), florist or gift shop, bake shop, sundries and notions, business office supplies, musical instruments, records and tapes, art gallery and antique shop, home furnishings and appliances (including repairs), office equipment and furniture, hardware, used merchandise (in a completely enclosed building), duplicating, plant nursery and garden center, alcohol sales and service (without drive-in) and similar products.

k.

Business and professional offices.

l.

Intermediate care facility.

m.

Special event venue as per section 28-347(8).

n.

Tattoo parlor or studio.

o.

Micropigmentation clinic.

p.

Home-based business.

q.

Mobile food dispensing vehicle as per section 28-347(9).

r.

Mobile food truck court.

(2)

Permissible uses by exception:

a.

Any commercial or noncommercial tourist attraction which can be shown to meet the intent of this district. (See definition of "tourist attraction" in section 28-2).

b.

Churches.

c.

Wholesaling from sample stock.

d.

Uses and structures as for RG-1 (section 28-163).

e.

Commercial parking facilities.

f.

Drive-in uses for banks and financial institutions.

g.

Single-family uses.

h.

Miniwarehouses, and self-storage facilities.

i.

Craft alcohol industry. Wholesaling from sample stocks only, provided no manufacturing or storage for distribution is permitted on the premises.

(3)

Minimum lot requirements:

a.

Lot width, one hundred (100) feet.

b.

Lot area, fifteen thousand (15,000) square feet; except as specifically required for certain uses.

(4)

Maximum lot coverage of all buildings. Seventy (70) percent.

(5)

Minimum yard requirements:

a.

Front, zero feet minimum, thirty (30) feet maximum. Buildings must front an arterial road if the property is located along an arterial, and front two (2) arterial roads if the property is located adjacent to two (2) or more arterial roads. The front yard requirement shall be measured from the property line to the building, excluding awnings, portes cochere, balconies, porches, canopies, or other non-occupied appendages.

b.

Side, five (5) feet.

c.

Rear, five (5) feet.

d.

Off-street parking shall be permitted in any side or rear yard.

(6)

Maximum height of structures. Thirty-five (35) feet.

(7)

Permitted accessory uses and structures:

a.

See section 28-348.

b.

Parking lots complying with section 28-347(3).

(Code 1964, § 33-44; Ord. No. 99-11, § 3, 3-22-99; Ord. No. 06-34, § 1, 11-13-06; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 16-02, § 1, 1-25-16; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 21-17, § 2, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 3, 5-22-23)

Intent. This district is intended to apply where adequate traffic circulation capacity is available to provide medium intensity automotive oriented commercial and service uses and related facilities. It is not intended that this district become or be used for strip commercial purposes.

(1)

Permitted uses and structures. As for CM-1 (section 28-208), and in addition:

a.

Retail outlets for the sale of general merchandise excluding new or used automobiles, trucks, boats and tractors (but not automobile wrecking or storage yards, junkyards, or scrap processing yards), heavy machinery and equipment, dairy supplies, feed, fertilizer, plant nursery, lumber and building supplies, supermarkets and convenience stores and similar products.

b.

Service establishments of all kinds including automobile service station or truck stop (see section 28-338) excluding businesses where automotive vehicles are offered for rent or sale, repair and service garage, motor vehicle body shop, auto laundry, drive-in restaurant, laundry or dry cleaning establishments, veterinarian or animal boarding kennels in soundproof building, pest control, carpenter or cabinet shop, home equipment rental, ice delivery station, job printing or newspaper, marina, radio or television broadcasting transmitter, antenna, office and studio facilities, banks and financial institutions, video rentals, funeral homes, travel agencies, electronic equipment/TV repair shop, employment offices, upholstering, furniture refinishing and similar establishments.

c.

Establishments or facilities for the retail sale and service of all alcoholic beverages, either for on-premises or off-premises consumption, or both.

d.

Any type of wholesale, jobber or distributorship business where the total operation does not require more than four thousand (4,000) square feet of floor space; no vehicle is used in excess of one-and-one-half-ton capacity; all merchandise is stored within an enclosed building; and no heavy machinery or manufacturing is located on the premises.

e.

Hotels and motels with or without kitchenettes.

f.

Building trades contractor not requiring outside storage; nor the use of any vehicle in excess of one-ton capacity; nor any machinery, ditching machines, tractors, bulldozers or other heavy construction equipment.

g.

Multifamily dwellings as for RG-1.

h.

Colleges.

i.

Shopping plaza or shopping center.

j.

Intermediate care facilities.

k.

Agricultural market, outdoor or indoor.

l.

Special event venue as per section 28-347(8).

m.

Craft alcohol industry. See also section 28-209(1)d. for limitations on any type of wholesale, jobber or distributorship business.

n.

Home-based business.

o.

Mobile food dispensing vehicle as per section 28-347(9).

p.

Mobile food truck court as per section 28-347(9).

(2)

Permitted accessory uses. See section 28-348.

(3)

Permissible uses by exception:

a.

As provided in section 28-347.

b.

Wholesale, warehouse, or storage use, to include miniwarehouses, and self-storage facilities.

c.

Building trades contractor with outside storage yard and heavy construction equipment.

d.

Boatyard.

e.

Light manufacturing, processing (including food processing but not slaughterhouse), packaging or fabricating and candy manufacturing.

f.

Bulk storage yards, including bulk storage of flammable liquids and resiliency facilities.

g.

Open air theaters, but not drive-in theaters.

h.

Commercial, recreational and entertainment facilities such as museums, carnival or circus, shooting gallery, skating rink, pony ride, go-cart track, athletic complexes, arena, auditorium, convention center, dance hall, indoor theater and similar uses; provided, however, such uses do not have temporary facilities which exceed more than thirty-five (35) feet in height for more than thirty (30) days in any calendar year. For the purpose of this section, exceeding the height at any time during a twenty-four-hour period constitutes a day.

i.

Palmist, astrologist, psychics, clairvoyants, phrenologists and similar uses.

j.

Businesses that offer for sale new or used automobiles, trucks, boats and tractors.

k.

Uses and structures as for RG-1 (section 28-163).

l.

Facilities for sales, trade, gift, display, storage, delivery or on-site commercial consumption of legally available marijuana.

(4)

Minimum lot requirements (width and area):

a.

Minimum lot width, one hundred (100) feet.

b.

Minimum lot area, fifteen thousand (15,000) square feet; except as specifically required for certain uses.

(5)

Maximum lot coverage of all buildings. Seventy-five (75) percent.

(6)

Minimum yard requirements:

a.

Front, zero feet minimum, thirty (30) feet maximum, except for property abutting U.S. Highway No. 1 for which the front yard requirements shall be ten (10) feet minimum and no maximum. Buildings must front an arterial road if the property is located along an arterial, and front two (2) arterial roads if the property is located adjacent to two (2) or more arterial roads. The front yard requirement shall be measured from the property line to the building, excluding awnings, portes cochere, balconies, porches, canopies, or other non-occupied appendages.

b.

Side, five (5) feet.

c.

Rear, five (5) feet.

d.

Minimum yard requirements for the San Marco Avenue Design Standards. Development within the San Marco Avenue Design Standards entranceway corridor area including the use of the residential typology requires a front setback fifteen (15) feet minimum, thirty (30) feet maximum. Development within the San Marco Avenue Design Standards entranceway corridor area including the use of the traditional commercial typology requires a front setback zero feet minimum, ten (10) feet maximum, and zero feet side setback consistent with the chart in the design standards.

(7)

Maximum height of structures: Thirty-five (35) feet.

(8)

Vehicular access: Facilities for sales, trade, gift, display, storage, delivery or on-site commercial consumption of legally available marijuana shall require a condition of direct vehicular access to a roadway functional classification of principal arterial-urban U.S. Highway 1.

(Code 1964, § 33-45; Ord. No. 93-03, § 1, 2-22-93; Ord. No. 00-04, § 1, 4-10-00; Ord. No. 03-17, § 5, 6-23-03; Ord. No. 06-34, § 1, 11-13-06; Ord. No. 2007-10, § I, 7-9-07; Ord. No. 09-16, § 1, 5-11-09; Ord. 10-12, § 1, 4-12-10; Ord. No. 10-23, § 1, 8-9-10; Ord. No. 14-27, § 1, 12-8-14; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 16-02, § 1, 1-25-16; Ord. No. 18-09, § 4, 6-25-18; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 21-17, § 1, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 3, 5-22-23; Ord. No. 24-19, § 2, 6-24-24)

Intent: This district is intended to facilitate and encourage development and redevelopment of areas containing or directly contiguous to a mobility station including a required publicly owned, leased or available parking garage per the definition. The city's goal in allowing mobility-oriented development in conjunction with a mobility station is to reduce automobile use through the utilization of transit services, alternative mobility solutions and infrastructure for active modes, such as walking and biking. No drive in uses are permitted within the MOD zoning district regardless of whether specifically called out or not.

(1)

Definitions:

a.

Mobility-oriented development or MOD shall mean a type of development or redevelopment in an area containing or directly contiguous to a mobility station.

b.

Mobility station shall mean a location with either: (i) a transit station available to the public at large for general transportation needs, or (ii) a commuter rail station, and shall contain (iii) a publicly owned parking garage, publicly leased parking garage, or publicly available parking garage containing a minimum of two hundred (200) parking spaces available for daily public parking at rates no greater than charged by the City of St. Augustine at the Historic Downtown Parking Facility located at 1 Cordova Street.

c.

Pedestrian connectivity shall mean the ability of people to walk from place to place on sidewalks, multi-use paths, pervious paths, greenway system or other type of pedestrian walkway.

d.

Transit station shall mean more than one transit shelter in one location, or one large shelter, typically serving several transit routes and/or modes of transit, including pedestrian connectivity and which may or may not incorporate convenience retail and service establishments. A transit station is intended to be available to the public at large for general transportation needs and is not intended to be a recreational or tour service, nor is it intended to be a shuttle for use by hotel, motel, or resort guests only, or for single event transportation planning such as a wedding or event shuttle.

(2)

Permitted locations: MOD zoning must include a mobility station. Mobility stations must be located both (i) directly contiguous to the two (2) future rail stations identified on the city's 2040 Mobility Plan contained in the Mobility Plan & Mobility Fee Technical Report Executive Summary dated June 2021; and (ii) along U.S. Highway 1.

(3)

Permitted uses and structures:

a.

Mobility station and any related mobility/transit features.

b.

Commercial parking facilities and garages (public and private).

c.

Multiple-family dwellings; a major component of a mobility oriented development is a mix of uses, which shall include multi-family dwellings as an integral part of the project on the same site as the MOD development.

d.

Professional and business offices.

e.

Medical and dental offices.

f.

Restaurants, but not drive-in.

g.

Retail sales and outlets such as specialty food stores and drug stores, but not drive-in, grocery stores/supermarkets, cafes, clothing and hobby shops, antique shops, pet shops (but not kennel or veterinarian), bookstore and news stand, stationery and card shops, leather goods and luggage (including repair but not pawn shops), art and photographic supplies, TV and stereo equipment (including incidental repairs), florist or gift shops, bakeries, sporting goods, sundries and notions, business office supplies, musical instruments, retail sale of alcohol and similar products.

h.

Service establishments such as hair salons, shoe repair shops, interior decorator, photographic or art studio, dance or music studio, health club or facility, tailoring, catering, childcare, adult daycare, dog daycare, pet grooming, self-service laundry or dry cleaner, and similar activities.

i.

Bars/taverns and breweries.

j.

Banks, loan companies, mortgage brokers, stockbrokers and other financial institutions, but not drive-in.

k.

Art galleries and museums.

l.

Shopping plazas and shopping centers.

m.

Public buildings and other public uses.

n.

Indoor/outdoor recreation.

o.

Outdoor sales and seating.

(4)

Permitted accessory uses and structures. See section 28-348.

(5)

Permitted uses by exception:

a.

See section 28-347(1) and (2), special event venue as per section 28-347(8) only allowed as an accessory uses to a principal use.

(6)

Minimum lot requirements. None.

(7)

Maximum lot coverage by all buildings and structures. Eighty (80) percent.

(8)

Minimum yard requirements:

a.

Front, zero (0) feet minimum, provided that no portion of any building (including awnings, porte cocheres, balconies, porches, canopies or other non-occupied appendages may overhand the property line); ten (10) feet maximum.

b.

Side, five (5) feet.

c.

Rear, five (5) feet.

(9)

Maximum height of structures. Sixty-five (65) feet maximum height to the tallest point of the building including any appurtenances, elevator shafts or towers or decorative features, parapet or the like. Building height adjacent to existing residential or commercial structures shall be incrementally and proportionately stepped down from the maximum allowed height of sixty-five (65) feet to a height not to exceed thirty (30) percent above the adjacent structure; and for purposes of this requirement, an existing residential or commercial structure located directly across an alley or located directly across a local road of no more than thirty (30) feet of right-of-way width from the MOD project will be deemed adjacent to it. The intent of the preceding sentence is to minimize a canyon effect and harmonize new structure height with the existing streetscape while providing the opportunity to build density into a project.

(10)

Landscaping category. Classification 3, as defined in section 25-54(a).

(11)

Design standards. Parcels zoned mobility oriented development (MOD) that are adjacent to West King Street shall comply with the King Street Design Standards as they relate to "West King Street", including the entire parcel or parcels contained in the project for the design elements listed below:

a.

Building placement for buildings adjacent to primary roadway. Interior buildings or buildings other than those facing King Street will not be required to comply with building placement.

b.

Building frontage for buildings adjacent to primary roadway.

c.

Architecture, including building materials, fenestration and glazing, awnings and canopies, building roof, parking structure design.

d.

Site access and parking.

e.

Site and building lighting.

f.

Stormwater facilities.

g.

Landscape and screening.

h.

Signs.

(12)

A mobility-oriented development must have at least one (1) of the two (2) possible mobility station options for credit as a mobility/transit feature, and the required publicly owned, leased or available parking garage per the definition, plus the five (5) mandatory mobility/transit features, and may include the two (2) optional mobility/transit feature options. A minimum of six (6) total mobility/transit features is required:

a.

Commuter rail station - As a component of the required mobility station.

b.

Transit station - As a component of the required mobility station.

c.

Publicly owned parking garage, publicly leased parking garage, or publicly available parking garage containing a minimum of two hundred (200) parking spaces available for daily public parking at rates no greater than charged by the City of St. Augustine at the historic downtown parking facility located at 1 Cordova Street - mandatory as a component of the required mobility station.

d.

Bicycle station - Mandatory.

e.

Pedestrian connectivity - Mandatory.

f.

Ride-sharing hub or dedicated loading area (e.g., Uber or car sharing) - Mandatory.

g.

Park and ride hub - Mandatory.

h.

Charging station for electric vehicles - Mandatory.

i.

Water taxi station - Optional.

j

Shared mobility device stand (e.g., bicycle or e-scooter as part of an approved shared mobility device program) - Optional.

(Ord. No. 22-15, § 3, 9-26-22)

Intent. This district is intended to allow light manufacturing and related service, storage and commercial uses.

(1)

Permitted uses and structures:

a.

Wholesaling, warehousing, storage or distribution establishments, mini-warehouses, and self-storage facilities and similar uses.

b.

Light manufacturing and processing, including food processing, packaging or fabricating; however, any food processing, packaging or fabricating plant engaged in the processing or packaging of shellfish shall be wholly contained within completely enclosed buildings with no odor, fumes or steam detectible to normal senses from off the premises.

c.

Printing, lithographing, publishing or similar establishments.

d.

Bulk storage yards, not including bulk storage of flammable liquids and acids.

e.

Outdoor storage yards and lots, provided, such outdoor storage yard shall not be located closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed by a solid fence or wall or equivalent visual barrier not less than eight (8) feet high except for entrance and exit and such openings shall be equipped with eight-foot-high visual barrier gates; and provided further that this provision shall not permit wrecking yards (including automobile wrecking yards), junkyards or yards used in whole or in part for scrap or salvage operations, or for processing, storage, display or sales of any scrap, salvage or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

f.

Vocational, technical, trade or industrial schools and similar uses.

g.

Miscellaneous uses such as express office, telephone exchange, commercial parking lots and parking garages, motor bus or truck or other transportation terminal.

h.

Radio or television broadcasting offices, studios, transmitters or antennas.

i.

Any existing industrial use.

j.

Railroad right-of-way, tracks, sidings, yard, etc.

k.

Boatbuilding.

l.

Tattoo parlor or studio.

m.

Craft alcohol industry, but no retail sales.

n.

Home-based business.

o.

Mobile food dispensing vehicle as per section 28-347(9).

p.

Mobile food truck court as per section 28-347(9).

(2)

Permitted accessory uses and structures:

a.

See section 28-348.

b.

Residential facilities (including not more than one (1) mobile home) located on the same premises as an industrial use for the use of watchmen or caretakers whose employment requires residence on the premises.

(3)

Permissible uses by exception:

a.

Retail establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats, automotive vehicle parts and accessories, heavy machinery and equipment, farm equipment and supplies, lumber and building supplies, monuments and similar uses.

b.

Service establishments catering to commerce and industry, including linen supply, laundry package dry cleaning plants, freight movers, communications services, business machine services, canteen services, restaurants (including drive-in restaurants), hiring and union halls, employment agencies, sign companies, automobile service stations and truck stops, and similar uses.

c.

Bulk storage yards for flammable liquids and acids and resiliency facilities.

d.

Special cabarets to the extent otherwise authorized by law.

e.

Facilities for hydrocultural, agricultural or cultivation of legally available marijuana.

f.

Facilities for manufacturing, production or processing of legally available marijuana.

(4)

Minimum lot requirements. None.

(5)

Minimum yard requirements:

a.

Front, none.

b.

Side, five (5) feet.

c.

Rear, five (5) feet.

(6)

Maximum lot coverage by all buildings. Eighty (80) percent.

(7)

Maximum height of structures. Thirty-five (35) feet for buildings and structures set back at least twenty (20) feet from the front property line or public right-of-way. Thirty (30) feet for buildings and structures set back at least fifteen (15) feet, but not more than twenty (20) feet, from the front property line or public right-of-way. Twenty-five (25) feet for buildings and structures set back at least ten (10) feet, but not more than fifteen (15) feet, from the front property line or public right-of-way. Twenty (20) feet for buildings and structures set back at least five (5) feet, but not more than ten (10) feet, from the front property line or public right-of-way. Fifteen (15) feet for buildings and structures set back not more than five (5) feet, from the front property line or public right-of-way.

(Code 1964, § 33-52; Ord. No. 01-13, § 1, 6-25-01; Ord. No. 14-25, § 1, 12-8-14; Ord. No. 14-26, § 1, 12-8-14; Ord. No. 16-02, § 1, 1-25-16; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 21-17, § 1, 10-11-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 4, 5-22-23; Ord. No. 24-19, § 3, 6-24-24)

Intent. This district is intended to apply to areas which are sparsely developed and including uses as normally found in environmentally sensitive areas away from urban activity. It is intended that substantial residential, commercial or industrial development shall not be permitted in the OL district; but lands in such district may be rezoned to the proper district to accommodate such uses when conditions warrant rezoning.

(1)

Permitted uses and structures:

a.

Marinas, bait and tackle shops.

b.

Intermediate care facilities.

c.

Outdoor market.

d.

Commercial recreational facilities.

e.

Game preserves, wildlife management areas, fish hatcheries and refuges, watershed, water reservoirs and wells.

f.

Churches, monasteries, convents, temporary revival establishments, cemeteries, columbariums, crematories, mausoleums and memorial structures and monuments.

g.

Schools, colleges and universities with conventional academic curriculums.

h.

Housing for the elderly.

i.

Single-family dwellings on individual lots provided that no subdivision plat shall be recorded for such use in this district.

j.

Day nurseries and kindergartens (see section 28-347(2)).

k.

Governmental uses.

l.

Professional and business offices.

m.

Museums.

n.

The sale of wine, vinous spirits or vinous liquors for religious or sacramental purposes; however, the sale of said wine, vinous spirits or vinous liquors shall be in compliance with F.S. § 564.03 and any rules or regulations of the Division of Alcoholic Beverages and Tobacco of the State of Florida Department of Business Regulation or its successor.

o.

Home-based business.

(2)

Permitted accessory uses and structures. See section 28-348.

(3)

Permitted uses by exception:

a.

See section 28-347.

b.

Radio or television broadcasting office, studio, transmitter, antenna and line-of-sight relay device.

c.

Racetrack for vehicles or animals.

d.

Animal hospital, veterinary clinic, animal boarding place, fur farm, dog kennel, provided no structure for the housing of animals shall be located within two hundred (200) feet of any residence.

e.

Caretaker residence.

f.

Commercial hunting or fishing camp.

g.

Mobile home on individual lots provided that no subdivision plat shall be recorded for such use in this district.

h.

Restaurant and refreshment stand (but not drive-in).

i.

Public Airport, if not GU zoning.

j.

Not-for-profit clubs.

k.

Travel trailer park.

l.

Sale of antiques, gift, souvenir and craft shops.

m.

Mobile food dispensing vehicle as per section 28-347(9).

n.

Mobile food truck court as per section 28-347(9).

(4)

Minimum lot requirements:

a.

Single-family dwelling or mobile home on individual lot:

1.

Minimum lot width, one hundred (100) feet.

2.

Minimum lot area, one-half acre.

b.

Other permitted or permissible uses or structures. None.

(5)

Maximum lot coverage by all buildings:

a.

Single-family dwelling and mobile homes on individual lot and accessory building thereto, ten (10) percent.

b.

Other permitted or permissible uses and accessory buildings thereto, twenty (20) percent.

(6)

Minimum yard requirements. All uses and structures:

a.

Front, fifteen (15) feet.

b.

Side, twenty (20) feet.

c.

Rear, twenty (20) feet.

(7)

Maximum height of structures. Thirty-five (35) feet.

(Code 1964, § 33-58; Ord. No. 19-12, § 2, 8-12-19; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 23-16, § 5, 5-22-23)

Intent. It is the intent of this division that certain lands, which are owned by federal, state or local government and are used for a purpose which is particularly and peculiarly related to governmental functions, shall be placed in a government use—GU district. Any lawful governmental activity is permitted upon such lands without restriction so long as the title to the land is vested in the government. Provided, however, that as to lands the title of which is vested with the government but leased to private persons, firms or corporations, such lands may be used for any private lawful purpose specifically authorized by the lease agreement under which the tenant holds possession. Any lands in a GU district which are converted to private ownership shall be rezoned to a district other than GU as lands in the GU district are restricted exclusively to governmental functions. This provision shall not, however, be deemed to prevent the use by any government of lands located in districts other than GU, provided such use is in compliance with all provisions of this chapter applicable to such other districts.

(Code 1964, § 33-64)

The purpose of the planned unit development (PUD) zoning district is to provide an option, and process for the provision of unique, individually planned developments that are consistent with the Comprehensive Plan and the categories outlined in the Comprehensive Plan, but may allow for more creative, flexible, and innovative designs for projects than the regular zoning districts allow. The PUD process is a voluntary process initiated by an applicant to provide flexibility for their project, while at the same time providing an opportunity for the city planning and zoning board (PZB) and city commission to integrate potential benefits, limitations and regulations as it deems necessary to protect the public health, safety and general welfare.

The PUD process is designed to:

(a)

Promote more efficient and economic uses of land, including bypassed lands, land ripe for urban infill, and potential redevelopment projects;

(b)

Encourage a more compatible and harmonious development of contiguous lands;

(c)

Provide flexibility to meet changing needs, technologies, economics, and consumer preferences;

(d)

Provide a process to assess a development's impact on the proposed site, the surrounding neighborhoods or areas, and the city as a whole;

(e)

Demonstrate the coordinating of architectural styles, building forms, and building relationships within a planned development, as well as, the planned developments relationship with the existing and preferred architectural context surrounding the project;

(f)

Provide an environment of consistent character compatible with the surrounding areas; and,

(g)

Permit specific limitations and requirements in excess of those included in other zoning districts, based on the unique characteristics of the individual site, where necessary to the public health, safety, or welfare, or for the protection or preservation of lands, neighborhoods or areas of the city deemed unique or historic based on the proposed location of the planned development.

The intent of a planned unit development (PUD) is to permit this flexibility from the strict application of traditional zoning district regulations by identifying each waiver, variance or exception to such regulation and providing an alternative development condition for that specific PUD. A PUD is a zoning category that can be beneficially utilized in order to create site-specific regulations to address specific development or topographic conditions, historic or architectural features, existing structures, neighborhood patterns or transitioning uses of land. PUDs may be created as in-fill development or redevelopment, or may be developed as traditional residential subdivisions of vacant land. The regulations found in this section may be generally applicable to all PUDs, while others, such as section 28-291, are intended for traditional residential or mixed use subdivisions of vacant land. Amendments to existing PUDs shall comply with the same requirements as found herein for PUD rezoning.

(Code 1964, § 33-70; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 13-08, § 1, 5-13-13; Ord. No. 16-07, § 1, 2-8-16)

A planned unit development (PUD) shall mean the zoning district for the development of a particular parcel of land under unified control which is planned and developed as a whole in a single or programmed series of operations and conditions, with uses and structures substantially related to the character of the entire development. A PUD, established pursuant to ordinance of the city commission, must also include an attached final development plan, and project narrative with specified development conditions and a program for the provision, maintenance and operation of all areas, improvements, facilities and necessary services for the common use of all occupants thereof. As a zoning district, the terms and conditions of a PUD shall be enforceable in the same manner as enforcement of all other city code provisions. All city rules, codes and regulations shall remain in full force and effect, and shall apply to the PUD unless a specific exemption, waiver or alternative condition is included in the approved PUD text and site development plan.

(Code 1964, § 33-71; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13; Ord. No. 16-07, § 1, 2-8-16)

Any use which is permitted by the comprehensive plan may be included and approved in a PUD. Those uses allowed may be allowed in a PUD, but must be specifically identified in the PUD development narrative text, and must be compatible with the property's identified comprehensive plan future land use designation. Such uses approved in conjunction with a PUD must provide a justification for the requested use and include defined development criteria in the PUD to mitigate any potential negative impacts of the uses. Additionally, certain desired benefits to the community must be outlined. The benefits to the community may include, but are not limited to those provided on-site, but benefits related to the proposed planned development off-site as well, such as, public parking provisions, enhanced landscaping or street tree planting, architectural or historic preservation benefits, benefits of certain uses in certain areas and/or alternative transportation benefits, and maintenance, improvement or encouragement of public access to waterways, conservation areas and/or vistas and scenic opportunities.

(Code 1964, § 33-72; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 16-07, § 1, 2-8-16)

(a)

Application for rezoning to PUD. Each application shall identify and address applicable criteria to its specific plan of development. An application for rezoning to PUD shall proceed in general as for other applications for rezoning of land; and, in addition to the information usually required for such applications, the following shall be required:

(1)

Plats, surveys, and metes and bounds description of the area within the PUD.

(2)

The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner.

(3)

Evidence of unified control of the entire area within the PUD with all owners within the area of same identified.

(4)

An agreement by all owners within the PUD which includes their commitment to:

a.

Proceed with the proposed development in accordance with the PUD ordinance and such conditions and safeguards as may be set by the city commission in such ordinance; and,

b.

Provide a written narrative PUD text that clearly identifies by corresponding numbered and lettered paragraphs responses to the following criteria:

1.

Consistency with every relevant goal, policy and objective of the Comprehensive Plan, including but not limited to density and intensity limitations of the Future Land Use Map category for the property; and,

2.

For properties currently in the HP-1, HP-2, HP-3, HP-4 and HP-5 districts requesting rezoning to PUD, identification of the specific proposed benefits or enhancements to the property that promote the goals of these historic districts; and,

3.

The need and justification for a rezoning to PUD or PUD amendment, including identification of each proposed development condition that would otherwise not be allowed under the existing zoning, including, but not limited to, maximum lot coverage, signage, setbacks, allowable zoning uses and uses by exception; and,

4.

Compliance with the purpose and intent and criteria in section 28-286; and,

5.

Compliance with section 28-288 and justification for any zoning uses; and,

6.

The phasing of the PUD or PUD amendment, including all sub-phases; each phase addressing the types of approval required or obtained (i.e.: entry corridor, HARB, building plan, landscaping, etc.) and the proposed commencement and completion of such development according to the plans approved by such ordinance or other related permit; and,

7.

Identification of the legally responsible entity or entities for continuing operations and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the city pursuant to written agreement; and,

8.

A termination date after which the PZB shall be required to evaluate whether all or part of the PUD has been abandoned by failure to timely commence and complete development of all or part of the phases of the PUD as identified pursuant to subsection (6) or other circumstances have contributed to the development delay, if so, one (1) year extension(s) may be granted by the PZB at an advertised public hearing, after two (2) such extensions if no activity has been initiated the city commission shall deem the PUD abandoned which shall act as a reversion of the zoning to its pre-PUD zoning district for the areas not in compliance with the phasing schedule; and,

9.

If a reversion to pre-PUD zoning district pursuant to subsection (8) would otherwise be inconsistent with the Comprehensive Plan in effect at the time of the reversion, said reversion shall not become effective unless a Comprehensive Plan amendment is duly adopted; and,

10.

An infrastructure impact analysis or equivalent impact analysis to clearly outline the project's potential impact on transportation networks, circulation patterns, and infrastructure of the city; and

11.

A signed statement voluntarily acknowledging and binding the applicant(s), property owner(s), and each of their successors in title, to every commitment made in their application and at hearing relating to the rights, terms, conditions and limitations of the PUD text narrative and final site development plan, including but not limited to the phasing, termination and reversion clauses.

(b)

Materials to accompany applications. An application for rezoning to PUD shall be accompanied by the following, in sufficient copies as deemed necessary by the planning and zoning board for referrals and recommendations. The planning and building department will maintain a checklist of materials to accompany an application to help clarify the submittal requirements:

(1)

Plans, maps, studies and reports, including an infrastructure impact analysis, as may reasonably be required by the city commission and the planning and zoning board in order to make the findings and determinations called for in the particular case. The infrastructure impact analysis shall include site specific design improvements related to traffic circulation, and the movement of pedestrians, bicycles, and vehicles on and off-site, and water, sewer, stormwater improvements, and public utility improvements and impacts.

(2)

For proposed PUDs currently zoned HP-1, HP-2, HP-3, HP-4 and HP-5, a streetscape demonstrating the size and scale of the project in context with the adjacent properties and existing historic district development patterns. The streetscape shall include at a minimum the subject block and facing block to illustrate how the proposed project meets the scale of the surrounding context. This streetscape requirement is not mandatory for projects that create no visual impact to the exterior of an existing structure. Structural changes in roof lines, exterior facades and elevations and any exterior additions or reconfigurations may require a streetscape, as deemed necessary by staff or the historic architectural review board concurrent with project details.

(3)

Infill and redevelopment projects shall also be required to provide a streetscape analysis similar to that required in the historic districts as per (b) (2) above, as deemed necessary by staff to allow the PZB and/or HARB, for projects in the city's entry corridors, to evaluate the projects impact on the neighborhood or area, as a defined community in section 28-289(b) (9) and the projects ability to contribute to and enhance the existing streetscape.

(4)

A written PUD text narrative compliant with all parts of sections 28-286 through 28-292, as applicable. Such PUD text narrative shall also include as an exhibit a final site development plan at an appropriate scale and consistent with the terms of the PUD text narrative, an introductory statement explaining the intended plan of development, clearly indicating where approval of the rezoning to PUD or PUD amendment will benefit the future occupants of the proposed development, will be compatible with the adjacent neighborhood, and will forward the goals, policies and objectives of the city in general, and including any specific benefits to the community as a whole. Such justification shall be based on the intent of the PUD, consistency with the Comprehensive Plan, and compliance with all requirements of rezoning to PUD or PUD amendment as found herein.

(5)

The final site development plan included at an appropriate scale supporting the above statement illustrating:

a.

The location, grouping and height of all uses and facilities.

b.

In the case of residential development, the number of residential units, their location and number of stories.

c.

A multi-modal circulation system including any vehicular, public transit, pedestrian and bicycle access points, driveways, walkways or crosswalks, parking areas, transit shelters or bus stop loading areas, bicycle racks, and rights-of-way, streets or sidewalks to be dedicated in support of the infrastructure impact analysis.

d.

A system of open space and recreational uses, with the acreage to be dedicated and that to be retained in common ownership.

e.

A topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas.

f.

An illustration, outline or discussion describing any community benefits incorporated into the planned development or provided off-site, such as, public parking, enhanced landscaping or street trees, public park facilities, architectural or historic resource benefits, the encouragement of beneficial uses or alternative forms of transportation, maintenance, improvement or encouraging public access to waterways, conservation areas and/or vistas and scenic opportunities.

g.

Elevations, specific architectural elements, and contextual drawings, as deemed necessary by staff and the PZB and/or HARB to illustrate the details of the project, which may include a sun, shadow or shade study.

h.

Full signage and hardscape plans, as well as, landscape and tree preservation or replacement plans in sufficient detail to allow PZB to review and make a recommendation concerning the project.

i.

The site plan must describe and show any buffers or setbacks required from any jurisdictional areas for review to include details for conservation overlay zone development, as well as, locations of any proposed docks or water features, and/or impacts to existing tree canopy areas.

(6)

Statements indicating how the problems of maintenance and ownership of common facilities will be resolved.

(7)

A schedule of development, including the staging and phasing of:

a.

Areas to be developed, in order of priority;

b.

The construction of streets, utilities and other improvements necessary to serve the proposed development; and

c.

The dedication of land to public use, if any.

(8)

Each of the above elements shall be listed as to their relative order of improvement with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged implementation of the PUD would not result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for purposes other than that shown on the approved PUD.

(9)

Developer neighborhood notice. At the time of filing a PUD or PUD amendment application, the applicant must submit to the city's planning department a copy of the developer neighborhood notice mailed to the Neighborhood Council of St. Augustine, Inc., or its successor, by regular U.S. mail at the current mailing address provided to the Florida Department of State, Division of Corporations, as made available on that agency's website. If the property is not included in a defined neighborhood area the boundaries of a "community" area will be defined as those properties within a five hundred-foot radius of the project boundaries to be notified by mail postmarked no less than fifteen (15) days prior to the first scheduled PZB meeting, and shall be notified individually by the same neighborhood notice process below. The developer neighborhood notice shall include the following information:

a.

The project name, property owner(s) and applicant(s); and

b.

The existing zoning and requested rezoning, the physical address or location of the project, and a brief description of the application request; and

c.

The developer's project coordinator contact information, including name, mailing address, telephone number and email address; and

d.

The following statement in prominent font:

"Please contact the developer's project coordinator directly if a courtesy neighborhood informational meeting is requested of the developer. The courtesy neighborhood informational meeting will be presented by the developer, not by City staff. It is not an official City meeting or hearing on the project application. The developer neighborhood notice is not intended to be a legal notice, nor should it be relied upon to provide affected party status or standing. The developer neighborhood notice is an additional, courtesy informational tool provided to the public to facilitate early, voluntary and direct communication between the City's neighborhoods or defined communities and PUD development applicants. This document was prepared by the developer and the City does not warrant its accuracy. The official complete application public record will be available for review after filing at the City of St. Augustine Planning and Building Department, 75 King Street, St. Augustine, Florida, during regular office hours."

e.

In addition to the developer neighborhood notice, the city planning and building department may provide additional courtesy information regarding pending applications to individuals and organizations that request it or as part of the city's public information outreach initiative. Such additional courtesy information may be provided in person, by U.S. regular mail, electronic mail or posting on the city's website, as reasonably practicable. This additional courtesy information is not intended to be a legal notice, nor should it be relied upon to provide affected party status or standing.

(c)

Action by the planning and zoning board and the city commission. Following the public hearing as required for all applications for rezoning, the planning and zoning board may recommend and the city commission may enact an ordinance establishing a PUD, including any special conditions related thereto, based upon findings that:

(1)

No adverse effect finding. The proposed PUD does not adversely affect the orderly development of the city, the health and safety of residents in the area, the natural environment, the use and development of adjacent properties or the general neighborhood.

(2)

Consistency with the Comprehensive Plan and PUD regulations finding. The proposed PUD is consistent with the comprehensive plan and meets the intent and criteria of sections 28-286 through 28-292, as applicable.

(3)

Need and justification finding. In order to permit the use of more flexible land use regulations and the most advantageous techniques of land development, the PUD must affirmatively comply with each applicable PUD regulation found in this section and clearly identify the need and justification for rezoning to PUD. The objective of a PUD is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers to produce residential, commercial, industrial or institutional developments, or combinations thereof, that effectively integrate existing historic and neighborhood patterns, or effectively transition between adjacent development uses.

(4)

Site-specific conditions and mitigation finding. The site-specific development conditions for the proposed PUD:

a.

Permit a creative approach to the development of land; and

b.

Accomplish a more desirable environment than would be possible through the strict application of the existing zoning district requirements; and

c.

Provide for an efficient use of land; and

d.

Improves the appearance of the area through the preservation and enhancement of historic and natural features, recreation areas and open space, and effectively transition from existing development patterns to the PUD; and

e.

Provide an environment of consistent character compatible with surrounding areas; and

f.

Retain property values over the years.

(d)

A PUD or PUD amendment shall first be reviewed by the planning and zoning board, followed by the historic and architectural review board if such review is required. The city commission may remand a PUD application for further review by its planning and zoning board or historic architectural review board, such review shall be limited to the scope of review as expressed by the city commission. The city commission may expressly limit the additional review to only one such agency, after which the PUD application shall be promptly scheduled for further action by the city commission. Nothing in these regulations is intended to remove the historic and architectural review board's reviewing authority after a property has been rezoned to PUD.

(e)

Deviations from ordinance creating PUD. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating a PUD, the city commission may approve changes in such plans, without the review and recommendation of the PZB, and without the adoption of an ordinance to modify the PUD ordinance, if as a result of such changes:

(1)

There are the same or fewer number of dwelling units and/or floor area;

(2)

The open space is in the same general location and in the same general amount, or a greater amount;

(3)

The buildings have the same or less number of stories and/or floor area; and

(4)

The roads and drives follow approximately the same course and have the same public or private rights therein.

(f)

Given the scale and complicated nature of PUDs the PZB shall require review of a planned unit development final development plan, and narrative requirements with at least two (2) public hearing(s) in an effort to garner as much information and public input as possible, as well as, to finalize any recommendations to the city commission. The PZB reserves the right to require only one (1) public hearing, if deemed appropriate by the PZB, the project may move straight to the city commission for rezoning.

(g)

Because of the nature of PUD's with regard to potential size and the level of detail required of projects, and unless a longer time shall be agreed upon by the applicant and the board in the particular case, a public hearing shall be held by the board to consider any application for a PUD rezoning within not more than sixty (60) days from the date of filing of the complete application. Any revisions or amendment to the PUD rezoning application must be submitted to the planning and building department at least fifteen (15) days prior to the scheduled meeting date. Notice of public hearing shall be made as provided in section 28-59(a) and (b).

(h)

Expiration of time limits provided in ordinance creating a PUD. If development actions required by the ordinance creating a PUD are not taken within the timeline established in the PUD from the date of approval by the city commission actions consistent with section 28-289 (a)(4)b.8. shall be taken.

(Code 1964, § 33-73; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13; Ord. No. 16-07, § 1, 2-8-16)

(a)

Development plan. The final development plan, and project narrative shall be attached to the PUD ordinance as an exhibit and shall be the only development plan associated with the PUD unless and until an amendment to the PUD is pursued via amendment to the PUD ordinance or via minor amendment procedures.

(b)

Record plats. If the PUD ordinance requires the recording of record plats, such plats shall be submitted to the city commission for final approval.

(c)

Approval of development plans. The planning and building department shall review all development plans; and, if found in compliance with this Code, and the PUD ordinance shall approve same.

(d)

Permits required. All construction in the development of a PUD shall proceed only under applicable permits issued by the planning and building department; and no building permit, certificate or other document authorizing construction or occupancy within a PUD shall be issued, except in accordance with the approved PUD ordinance and all regulatory provisions in existence at the time of the permit except as otherwise exempted or waived in the PUD text.

(Code 1964, § 33-74; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13; Ord. No. 16-07, § 1, 2-8-16)

The following performance standards are intended for standalone residential and mixed use PUD subdivisions. These projects typically include exclusively residential uses or mixed use projects developed on vacant parcels with defined boundaries and a self-contained subdivision identity separated from adjacent properties through a visible perimeter break.

(1)

Density of developments. The total ground occupied by buildings and structures for area devoted to residential use in mixed use PUD subdivisions shall not exceed thirty-five (35) percent of the total ground area of that portion of the PUD devoted to residential use. The density and intensity of development within a PUD shall be consistent with the density and intensity allowed within the City of St. Augustine Comprehensive Plan.

(2)

Open space. The PUD may include residential lots of smaller size than would be permitted by the zoning regulations otherwise applicable to the site, provided the overall density is not increased. The excess land shall be utilized as open space. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the City of St. Augustine or be maintained by a community association composed of residents of the PUD. Land recorded as open shall not be encroached upon by any residential, commercial or industrial, primary or accessory use.

(3)

Waiver of yard, dwelling unit, frontage criteria and use restriction. Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of this chapter is complied with in the total development of the PUD. However, the City Commission of St. Augustine may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of this chapter.

(4)

Support legal documents for open space. Legal documents which assure adequate management and maintenance of the open space area must be provided by the developer for all areas proposed for common ownership by the residents of the PUD. Legal instruments provided for dedications, covenants, community associations and subdivision controls shall:

a.

Place title of common property in a form of common ownership by the residents of the PUD; e.g., a duly constituted and legally responsible community association, cooperative, etc.

b.

Appropriately limit the use of common property.

c.

Place responsibility for management and maintenance of common property. The St. Augustine City Commission, at its discretion, may require the applicant to enter into a contract with St. Augustine for maintenance of commonly held properties.

d.

Place responsibility for enforcement of covenants.

e.

Permit the subjection of each lot to assessment for its proportionate share of maintenance costs.

(5)

Access. Access to each single family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the PUD.

(6)

Privacy. Each dwelling unit within the PUD shall be provided visual and acoustical privacy. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise.

(7)

Community facilities:

a.

All utility facilities proposed for dedication to St. Augustine must be acceptable by the city as to the size, shape and location, and shown by the applicant to be of benefit to the general public.

b.

All requirements for off-street parking and loading (article IV, division 2) shall apply to the PUD unless otherwise waived or modified.

c.

Access and circulation shall adequately provide for firefighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal.

d.

These PUD's shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. Provisions shall be made for acceptable design and construction of storm sewer facilities, including grading, gutters, piping and treatment of turf to handle stormwaters and prevent erosion and formation of dust.

e.

Specifications for street design, publicly used driving and access aisles, sidewalks and pedestrian walkways, including those providing interconnectivity between phases of the PUD or between the PUD and adjacent properties, shall conform to the rules and regulations adopted by the City of St. Augustine.

(8)

General development patterns. Residential subdivisions and mixed use subdivisions shall provide a master tree plan, a master stormwater plan, an overall signage plan, any applicable overall design standards, descriptions of interconnectivity between areas within the PUD and connections to areas outside of the PUD proper, and general descriptions of how the PUD will create a sense of place.

(9)

Mixed Use PUD subdivisions. A subdivision PUD that also includes a mixed use component shall also provide a description of the potential other uses allowed besides residential single family uses. This description shall provide enough information to evaluate its proposed consistency with the Comprehensive Plan, potential benefits to the overall PUD community, and the neighborhoods outside of the PUD community, the types of uses proposed, such as, multifamily units, commercial, civic or other uses, and establish the parameters of how these uses are integrated into the development plan.

(Code 1964, § 33-75; Ord. No. 05-37, § 1, 12-12-05; Ord. No. 2013-08, § 1, 5-13-13; Ord. No. 16-07, § 1, 2-8-16)

The following performance standards are intended for redevelopment and infill PUD developments. These projects typically involve property currently developed where the proposed PUD includes razing the existing development and building new or renovating the existing development to the extent that it is a redevelopment project which introduces new uses or combination of uses and a new design changing the character of the existing. Infill projects typically involve vacant property within an existing developed area where it is important for the proposed PUD to be compatible with the existing surrounding development. These standards and criteria are in addition to other PUD requirements outlined above.

(1)

General development patterns. Redevelopment and infill projects within the city shall take into consideration pedestrian oriented design, the human scale and sense of place of the surrounding area, and shall respect existing development patterns and provide for compatibility, quality and integrity of the existing area and neighborhoods. They should provide a unique sense of place through architectural design and a mixture of compatible uses in a compact setting with sensitivity to the context of the surrounding neighborhood. The PUD should be an addition to the area and neighborhood which contributes to the area and increases the value of the surrounding area.

(2)

Contributions to the existing community. Redevelopment and infill projects shall also demonstrate consideration for the existing neighborhoods and street patterns within the city by describing the project's impact on existing community patterns, the environment, the economy, the transportation networks or circulation patterns as described in an infrastructure impact analysis, as well as, natural features, and vistas and scenic opportunities. The project narrative shall include a statement of how the PUD is consistent with the character, history, and cultural and natural features that help create a sense of place. The project shall be compatible by demonstrating appropriate design, massing, screening, and architectural techniques.

(3)

Redevelopment and infill PUD projects. Additionally, redevelopment and infill projects shall include a description evaluating the existing building(s) condition, potential demolition issues, and the extent of renovation of the existing building(s), if applicable. A clear description of the site design evaluating existing issues, such as, access, driveways, parking, maneuverability, landscaping, including tree removal is also required if necessary. A description with detailed drawings that show the existing streetscape, and the new streetscape to demonstrate compatibility, proportion, form, and rhythm with the surrounding area is required. Details of colors, materials, and design themes may also be required, and compatibility with applicable Design Standards for Entry Corridors must be demonstrated.

(Ord. No. 16-07, § 1, 2-8-16)

Intent: The city has a long history of marine uses, such as boat building, fishing, and seafood processing, to include the historic lighthouse. This zoning district is intended to recognize these uses, and establish areas where this industry, and associated uses are allowed.

(a)

Permitted uses and structures:

(1)

Marinas.

(2)

Restaurants, including restaurants with lounge, but not fast food.

(3)

Ship's stores; ship's chandleries; boatyards; seafood houses, but not scallop processing plants; and businesses engaged in provisioning or supplying of ships, boats and other vessels, including ice, fuel, victuals, rigging and tackle.

(4)

Warehouse and storage of marine-oriented merchandise.

(5)

Wholesale and distribution of marine-oriented merchandise.

(6)

Light manufacturing of marine-oriented products.

(7)

Maritime museums.

(8)

Tattoo parlor or studio.

(b)

Permitted accessory uses:

(1)

As authorized by section 28-348 hereof.

(c)

Permitted uses by exception:

(1)

As provided in section 28-347 hereof.

(2)

Mobile food dispensing vehicle as per section 28-347(9).

(d)

Minimum lot requirements; width and area:

(1)

Minimum width, none.

(2)

Minimum lot area, none.

(e)

Maximum lot coverage of all buildings. Seventy (70) percent.

(f)

Minimum yard requirements:

(1)

Front, zero.

(2)

Side, five (5) feet.

(3)

Rear, five (5) feet; provided, however, that any structure shall comply with conservation zone ordinances otherwise adopted by the city.

(g)

Maximum height of structures: Thirty-five (35) feet.

(Code 1964, § 33-84; Ord. No. 00-04, § 1, 4-10-00; Ord. No. 17-20, § 1, 11-13-17; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 23-16, § 6, 5-22-23)

Intent: The city has a long history of marine uses, such as boat building, fishing, and seafood processing along its waterways. This zoning district is intended to recognize the historic maritime uses in our community and establish areas where this maritime industry, and similar uses that are compatible with maritime uses are allowed, but also recognize that a mix of commercial uses along the waterways protects the city's maritime heritage and promotes the working waterfronts and access to the waterfronts. To this end a ratio of sixty (60) percent of the gross land area of a site must be used for water dependent uses associated with maritime industries or working waterfronts with a maximum of forty (40) percent of the gross land area of a site allowed for non-water dependent uses as listed below.

(a)

Permitted uses and structures:

Water dependent permitted uses:

(1)

Marinas.

(2)

Ship's stores; ship's chandleries; boatyards; seafood houses, but not scallop processing plants; and businesses engaged in provisioning or supplying of ships, boats and other vessels, including ice, fuel, victuals, rigging and tackle.

(3)

Boat repair, boat storage and boat hauling facilities.

Non-water dependent permitted uses:

(1)

Restaurants, including restaurants with lounge, but not fast food.

(2)

Warehouse and storage of marine-oriented merchandise.

(3)

Wholesale and distribution of marine-oriented merchandise.

(4)

Light manufacturing of marine-oriented products.

(5)

Maritime museums.

(6)

Professional and business offices.

(7)

Hotel, motel (maximum of 25 units).

(8)

Art studios and galleries

(9)

Tattoo parlor or studio.

(10)

Mobile food dispensing vehicles as per section 28-347(9).

(11)

Mobile food truck court as per section 28-347(9).

(b)

Permitted accessory uses:

(1)

As authorized by section 28-348 hereof.

(c)

Permitted uses by exception:

(1)

As provided in section 28-347 hereof.

(2)

Retail uses not associated with the marine industry.

(d)

Minimum lot requirements; width and area:

(1)

Minimum width, none.

(2)

Minimum lot area, none.

(e)

Maximum lot coverage of all buildings: Seventy (70) percent.

(f)

Minimum yard requirements:

(1)

Front, ten (10) feet.

(2)

Side, five (5) feet.

(3)

Rear, five (5) feet; provided, however, that any structure shall comply with conservation zone ordinances otherwise adopted by the city.

(g)

Maximum height of structures: Thirty-five (35) feet.

(Ord. No. 17-20, § 2, 11-13-17; Ord. No. 20-03, § 3, 2-10-20; Ord. No. 23-16, § 6, 5-22-23)

(a)

The purpose of the Suburban Planned Development (SPD) is to allow for special uses and design. The application of flexible land use controls to the development of land is often difficult or impossible within traditional zoning district regulations. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, it is necessary to establish Suburban Planned Developments (SPD) in which development is in harmony with the general purpose and intent of this division, with the city's general planning program and such Comprehensive Plans as may from time to time be adopted by the city commission. The objective of the SPD is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers, to produce developments which are in keeping with the overall land use intensity and open space objectives of the zoning ordinance. The intent of this part is to permit flexibility, and provide performance criteria for Suburban Planned Developments which:

(1)

Permit a specific and creative approach to the development of land; and

(2)

Provide for an efficient use of land; and

(3)

Enhance the appearance of neighborhoods through preservation; and

(4)

Provide an environment of stable character compatible with surrounding areas; and

(5)

Retain property values over the years.

(b)

SPD Defined.

(1)

For the purposes of this division, a Suburban Planned Development (SPD) shall mean the development of land of a minimum size of ten (10) acres under unified control which is planned and developed as a whole in a single or programmed series of operations with specific uses and structures substantially related to the character of the entire development.

(2)

Permissible uses. Any use, or combination of uses, which is permitted or permissible by exception in any existing defined zoning classification may be included and approved in SPD, by a specific reference and approval of that use in the ordinance creating such SPD.

(Ord. No. 97-36, § 1, 11-24-97)

(a)

Application for rezoning to SPD. An application for rezoning to SPD shall proceed in general as for other applications for rezoning, and in addition to the information usually required for such applications, the following shall be required:

(1)

Plats and/or metes and bounds description of the area within the SPD.

(2)

The name and address of the owner, and if applicable, evidence of the assignment of an agent who represents the owner.

(3)

Evidence of unified control of the entire area within the SPD with all owners within the area of same identified.

(4)

An agreement by all owners within the SPD which includes their commitment to:

a.

Proceed with the proposed development in accordance with the adopted SPD and such conditions and safeguards as may be set by the city commission in such ordinance; and

b.

Produce a written statement of a proposal for completion of such development according to plans approved by such ordinance; and for continuing operation and maintenance of such area, functions, and facilities; and

c.

To bind their successors in title to any commitments made in the application.

(b)

Materials to accompany petition. An application for the rezoning to SPD shall be accompanied by the following in sufficient copies as deemed necessary by the planning and zoning board, unless waived by such board, for referrals and recommendations:

(1)

Plans, maps, studies and reports, as may reasonably be required by the city commission and the planning and zoning board in order to make the finding and determinations called for in the particular case; and

(2)

A written description of the intended plan of development clearly indicating where approval of the SPD will benefit the future occupants of the proposed development and the City of St. Augustine in general. (Such justification shall be based on the objectives of section 28-320); and

(3)

A design plan at an appropriate scale supporting the above statement illustrating:

a.

The location, grouping and height of all uses and facilities.

b.

In the case of residential development, the number of residential units proposed, their general location and number of stories.

c.

A detailed vehicular and pedestrian circulation system including driveways, walkways and parking area, including a definition of the class of roads to be constructed and whether such roads to be constructed and whether such roads are to be public or private. If roads are proposed to be private, the proposed provision for maintenance is to be provided.

(4)

A statement as to the specific zoning classification sought as to the defined permitted uses and the permitted uses by exception to be authorized within the SPD.

(5)

A written description of the specific uses for which each structure within the SPD can be used and schedule of development, including the phasing of areas to be developed and specific time limit for development which is not to exceed two (2) years for commencement of construction following final approval by the city commission and ten (10) years for completion from such final approval.

(c)

Action by the planning and zoning board and city commission. Following the public hearings as required for all applications for rezoning, the planning and zoning board may recommend and the city commission may enact an ordinance establishing an SPD, including any special conditions related thereto, based upon findings that:

(1)

The proposed SPD does not affect adversely the orderly development of the city as embodied in this zoning code and in any comprehensive plan or portion thereof adopted by the city commission.

(2)

The proposed SPD will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the natural environment or development of adjacent properties or the general neighborhood.

(3)

The proposed SPD will accomplish the objectives and standards and criteria of section 28-322(b) of this Code.

(d)

Minor adjustments to ordinance creating an SPD. In order to facilitate minor adjustments to SPD ordinances or to the plans approved as part of the ordinance creating an SPD, the planning and zoning board may approve minor adjustments in such ordinance. Minor adjustments shall be those changes or adjustments that comply with the following criteria:

(1)

There is no increase in the number of dwelling units and nonresidential floor area is not increased by more than ten (10) percent; and

(2)

The open space is in the same general location and in the same general amount, or a greater amount; and

(3)

There is no increase in the number of stories within buildings; and

(4)

The roads and drives follow approximately the same course, have the same or greater width, have the same public or private rights therein; and

(5)

The land uses remain the same; and

(6)

Vehicular access points are in the same general location.

Extension of time limits for development or other actions required under an SPD shall be considered minor adjustments if the city planning director determines that there has been no significant change in circumstances since the effective date of the ordinance that created the SPD; provided, however, that the chief building official may grant no more than two (2) ninety day extensions for the commencement of construction in the same manner as provided in section 28-29(f) of this Code.

No formal notice provisions are required to consider and/or approve minor adjustments except when there are owners within 150 feet of a proposed minor modification which affects the setback, height or location already approved to SPD's, other than the developer of the total lands involved, the minor modification shall proceed with adjacent property owner notification and notice of publication as prescribed by section 28-300 of this Code.

(e)

Minor adjustments to vary from the minimum yard requirements, minimum lot area or width, maximum building height, maximum building coverage, and minimum building separation shall be subject to the standards for variances under this Code. Such applications shall proceed and be processed in the same manner as standard variance applications and notice requirements of this Code for land not located in an SPD.

(f)

Major adjustments to ordinance creating an SPD. The developer of lands zoned SPD may apply for major adjustments to the plans approved as part of the ordinance creating an SPD, and such application shall proceed and be processed in the same manner as standard rezoning applications.

(g)

Expiration of time limits provided in ordinance creating an SPD. If development permitted by the ordinance creating an SPD is not commenced and completed within the time limits set by the city commission in such ordinance, then the property shall remain zoned SPD but no further construction or development shall be permitted on the property after the expiration of the time limit until and unless the property has been rezoned, or the time limits under the existing SPD have been modified or extended, or the existing SPD has been rezoned to a different SPD. At any time after one year from the effective date of the lands zoned SPD or the owners of the majority of the land within the SPD, may apply for such rezoning or extension of time limits and such application shall proceed and be processed in the same manner as standard rezoning applications except that in addition to the normally required mailed notices, notices shall also be mailed to all other owners of property within the SPD. In the event the ordinance creating the SPD specifically provided that the property shall revert automatically to a defined zoning district category upon failure to commence defined development actions within specified time limits, the reverter provision shall apply and the property shall automatically be rezoned in the manner and to the zoning provided in said ordinance.

If no specific time limits are set by the city commission in the ordinance creating the SPD, the time limit for commencing or completing improvements under that SPD shall be as set forth in section 28-321 (b)(5).

(h)

Extensions of time limits for development or other actions required under an SPD that are made prior to one year from the effective date of the ordinance creating the SPD may be made by the planning and zoning board without published notice provided that such board determines that such time extensions are not detrimental to the community.

(Ord. No. 97-36, § 1, 11-24-97)

(a)

Permits required. All construction in the development of an SPD shall proceed only under applicable permits issued by the planning and building department following (i) the submittal of a final development plan to the planning and zoning board and issuance of a final development order by such board upon its finding that the final development plan is consistent with the city's comprehensive plan and the SPD ordinance as passed by the city commission, and (ii) recordation of the plat upon approval by the city commission and, if applicable, covenants and restrictions necessary for the maintenance of common areas; and, no building permit, certificate or other document authorizing construction or occupancy within an SPD shall be issued, except in accordance with the approved SPD ordinance.

(b)

Standards and criteria.

(1)

Density of development. The total ground occupied by all buildings and structures shall not exceed thirty-five (35) percent of the total ground area, unless otherwise specifically excepted by the ordinance creating an SPD.

(2)

Waiver of yard, dwelling unit, frontage criteria and use restriction. Minimum yard, lot size, type of dwelling unit, height, and frontage requirements and use restrictions are waived for the SPD, provided the spirit and intent of the zoning ordinance is complied with in the total development of the SPD.

(3)

Underground utilities. All telephone, cable television and electric utilities serving property within an approved SPD shall be underground.

(Ord. No. 97-36, § 1, 11-24-97)